Technical Working Group Comment Tracking Table on the Draft Application Information Requirements

For the Proposed George Massey Tunnel Replacement Project

May, 2016

The following acronyms and abbreviations may be found throughout the tracking table.

Term Acronym/Abbreviation

Application Information Requirements AIR

Application for an Environmental Assessment Certificate Application

B.C. Ministry of Transportation and Infrastructure Proponent

British Columbia B.C.

British Columbia Environmental Assessment Act BCEAA

Draft Application Information Requirements dAIR

Environmental Assessment EA

Environmental Assessment Certificate EAC

Environmental Assessment Office EAO

George Massey Tunnel Tunnel

George Massey Tunnel Replacement Project Project

Health Impact Assessment HIA High-Occupancy Vehicle HOV

Human Health Risk Assessment HHRA Intermediate Component IC Local Assessment Area LAA Regional Assessment Area RAA Species At Rick Act SARA Terrestrial Ecosystem Mapping TEM Valued Component VC Water Sustainability Act WSA

George Massey Tunnel Replacement Project Technical Working Group comments and responses on the draft Application Information Requirements January-April 2016

No. Stakeholder DAIR Section Subject Comment/Inquiry Response Comment/ Inquiry Round 2 Response Round 2 Group 1 Lyackson Section 5.0 Economic This pillar should be fully reviewed and Effects on economic conditions are anticipated to be First Nation (Socio-economic should include the assessment of the impact positive as a result of the Project, and therefore are not Lyackson First Nation provided no further ------Effects related to tolls resulting in a reduction in assessed as a valued component (VC). comment. Assessment) `window shopping' trips. The economic pillar of the EAO framework will be considered in the context of project benefits and addressed in the Application. The Application will describe the economic benefits of the Project with respect to users, including travel time savings, reliability and safety benefits as well as employment (jobs created) during construction and operation, and related direct and indirect inputs to the economy.

In addition, the Application will discuss tolling in terms of its role in contributing to Project funding as well as its influence as a transportation demand management tool.

Section 1.1 of the dAIR has been updated to provide more detail on how tolling will be discussed in the Application. 2 Lyackson Section 5.0 Crime This pillar should include: Changes in crime rate as an effect of the Project First Nation (Socio-economic - increase ease of transportation of `gang were considered as a candidate valued component (VC) Lyackson First Nation provided no further Further clarification as requested by EAO: Effects ‘activity, how will police service? for assessment in the Application under the social comment. While not assessed as a VC in the Assessment) - increase potential for 'at-risk' populations pillar. In general, the Project will result in a number of Application, the potential for “at-risk using the base areas of the bridge social and economic benefits including increased populations” to use/congregate in areas employment opportunities and improved community near the bridge will be considered in the mobility as well as improved access and response times HIA. A summary of the results of the HIA will for emergency responders, and therefore was not be presented in the Application including carried forward as a VC. In that context, the Project is any mitigation recommended. not anticipated to contribute to increases in crime or negatively impact “at-risk” populations.

The Application will describe the social and economic benefits of the Project with respect to employment (jobs created) during construction and operation as well as the direct and indirect inputs to the economy.

The dAIR has been revised to indicate that Section 7.0 (Health) of Part B of the Application will include a summary of the results of a health impact assessment (HIA) that considers potential impacts of the Project on broader determinants of human health and

3 Lyackson Section 5.0 Suicide Risk This pillar should include: The Proponent is committed to including security First Nation (Socio-economic -the potential for increased suicide attempts fencing as part of the design of the new bridge. Lyackson First Nation provided no further Further clarification as requested by EAO: Effects due to the presence of the bridge comment. The Ministry of Transportation and Assessment) Infrastructure is in the process of developing a policy in which new bridges in the Lower Mainland will require the installation of safety barriers. This policy would apply to the George Massey Tunnel replacement bridge. 4 Lyackson Section 5.0 Growth This pillar should include: Changes in land value have occurred over time, as a First Nation (Socio-economic - growth as a VC result of regional growth, and are anticipated to Lyackson First Nation provided no further Further clarification as requested by EAO: Effects o pressures on agricultural lands and issues continue with or without the Project. The Application comment. The results of the land use and agricultural Assessment) related to FN ability to acquire lands back will assess potential effects on land use including the use assessments, and any potential effects that have been taken up related to extent to which the Project is consistent with, and identified, will be considered in Part C in expensive land bases supportive of, land use plans developed by regional and relation to Aboriginal Interests (Section o real -estate values and affordable housing local governments. 10.1.3) or other matters of concern (Section should be assessed under growth 10.2), as appropriate. The Project will generally be contained within existing Highway ROW with little or no impact on agricultural lands.

Changes in land values are not considered to be substantially influenced by the proposed Project and accordingly are not assessed.

Section 5.3 of the dAIR has been updated to confirm that the land use assessment presented in the Application considers municipal and regional growth strategies.

5 Lyackson Section 7.1 Human Health In agreement with comments made by The Human Health Risk Assessment (HHRA) First Nation (Health Effects Goran Krstic from Fraser Health on 2016-01- conducted in support of the environmental assessment Lyackson First Nation provided no further ------Assessment) 21 (that water and food consumption effects will include a consideration of air contaminants near comment. should be considered from a health Highway 99. This assessment will be supported by perspective) predictions of air contaminant deposition to soils and uptake by plants that are subsequently consumed by humans.

In addition, preliminary results of underwater noise modelling indicate underwater noise generated by Project-related activities is not predicted to extend outside of the Fraser River, and therefore will not affect South Resident Killer Whale.

Section 4.6 of the dAIR has been updated to indicate that rationale for exclusion of South Resident Killer Whale from the scope of the assessment will be provided in the Application.

7 Lyackson Section 10.0 Aboriginal Concerned that the funding for the The Lyackson Traditional Use and Occupancy First Nation (Aboriginal Consultation traditional use study was provided very late Mapping Study, submitted to the Proponent in Lyackson First Nation provided no further ------Consultation) which shortened the timeframe and September 2015, identified a need for an elders’ site comment. excluded some key knowledge holders. visit to provide for the sharing of information from key -A site visit is still to be undertaken. Lyackson knowledge holders.

Since receiving the Study, the Proponent has been working with Lyackson First Nation in an effort to coordinate the elders’ site visit which is scheduled for March 2016. Lyackson’s guidance is being sought on the itinerary and specifics of this activity.

The Proponent values the knowledge and input, shared by Aboriginal Groups - their elders, members and staff, during the site visits conducted to date and remains committed to working with Lyackson and other Aboriginal Groups to identify opportunities for knowledge holders to share traditional use information in relation to the Project. 8 Lyackson Section 12.0 Management Adaptive management techniques should Adaptive management plans are employed to ensure First Nation (Management Plans be employed in management plans and the effectiveness of mitigation. The Proponent will Lyackson First Nation provided no further ------Plans and monitoring. consider the need for monitoring or adaptive comment. Follow-up) Request for a socio-economic-health management plans where it is determined that an monitoring plan- post construction. effect is likely to occur and mitigation is required. This could include potential effects related to social or health related valued components (VC).

Section 3.10 of the dAIR has been updated to include the proposed Kinder Morgan Trans Mountain Expansion Project in the list of projects and activities considered for inclusion in the cumulative effects assessment. 10 Corporation Comments Sediment and Application should outline improvements An assessment of changes to water quality related to of Delta submitted on Water Quality or benefits to water quality. the Project will be included in the Application. The Corporation of Delta provided no further ------Project Proponent will include information that describes comment. Description and potential benefits (i.e., improvements such as storm Key Areas of water collection and treatment measures) to Study, reviewed components where such benefits are determined to in context of occur. dAIR as well as the Project Section 4.2.4 of the dAIR has been updated to include Description confirmation that anticipated benefits the environment will be discussed in the Application.

11 Corporation Comments Wetlands Application should outline impacts to The Proponent will update the dAIR to assure that of Delta submitted on wetlands and intertidal areas by area(m2) the description of potential effects to wetland and Corporation of Delta provided no further ------Project and location intertidal areas includes a description of location and comment. Description and spatial area (m2). Key Areas of Study, reviewed Section 4.7 of the dAIR has been updated to clarify in context of that potential effects on ecosystems will be described dAIR as well as in terms of spatial extent of such effects, where the Project appropriate. Description

The Proponent has confirmed with the Corporation of Delta that the compensation wetland noted is located within the Project area and captured in the assessment of potential effects on vegetation. 13 Corporation Comments Terrestrial Application should include "species at The Application will consider species at risk; of Delta submitted on Wildlife risk" section (for wildlife) and should include including amphibian and small mammal effects on Corporation of Delta provided no further Further clarification as requested by EAO: Project how works will address species- at-risk and individuals as well as habitat and describe proposed comment. The development of the work plan to Description and critical habitat. mitigation measures considered in the assessment. support the assessment of terrestrial wildlife Key Areas of included a consideration of all listed species Study, reviewed that based on their life requirements and in context of habitat conditions in the study area could dAIR as well as potentially occur in the LAA. In addition, a the Project review of “critical habitat” (as defined under Description SARA) was undertaken to determine if critical habitat existed for any species within the LAA. The rationale for selection of species and habitats to be included in the assessment will be provided in the Application.

14 Corporation Comments Agriculture Project needs to ensure access to The Application will describe measures taken and of Delta submitted on irrigation water across highway during and planned to ensure agricultural operations are protected Corporation of Delta provided no further ------Project post construction. and enhanced adjacent to the Project including comment. Description and maintenance of flows of irrigation water. Key Areas of Application should include a description of Study, reviewed how drainage capacity under highway is in context of retained. It should explicitly state that dAIR as well as existing culvert sizes will be maintained, the the Project elevation and flow area of culverts. Description 15 Corporation Comments Monitoring Should consider looking at post- The Application will consider the requirement for a of Delta submitted on Report (Air construction air quality monitoring to post-construction air quality monitoring program upon Corporation of Delta provided no further ------Project Quality) validate predictions. completion of the effects assessment. comment. Description and

16 Corporation Comments Recreation Recommended that a separate As recreation activities are both land-based and of Delta submitted on "recreation" section be included in water-based, potential effects to recreation as a result (Comment from VCH) Recreation and active Health benefits associated with Project- Project application. of the Project are considered under the land-use and transportation (e.g. using cycling linkages, and related improvements to active Description and Cycling linkages need to be maintained, if marine use valued-components (VCs). addition of multi-use pathways) should be transportation networks will be discussed in Key Areas of possible enhanced. considered under the human health VC as there are the Application, and are considered in the Study, reviewed Existing cycling linkages in the vicinity of the Project will clear health benefits should these improvements to HIA. in context of be maintained and substantial enhancements will be active transportation networks be utilized to their dAIR as well as made to the cycling network as a result of the addition maximum potential. This should also be covered in While the HIA is not a requirement of the the Project of multi-use pathways on the bridge providing efficient the HIA. EAO, the Proponent recognizes the HIA as a Description connections to regional networks. valuable tool to support planning activities by identifying broader determinants of Section 5.2 and 5.3 of the dAIR have been refined to human health beyond those required for confirm that potential Project-related effects on assessment under BCEAA. The HIA is being recreation will be addressed in the Application. undertaken concurrently with the Projects environmental assessment under BCEAA. Key findings of the HIA will be summarized in the Application and the HIA report will be publically available during the Application Review period.

17 Corporation Comments Land Use Assessment of the impacts on Marina The assessment of potential effects of the Project of Delta submitted on Gardens community needs to be included. will include noise, air quality and visual assessments Corporation of Delta provided no further ------Project that are applicable to Marina Gardens. comment Description and Key Areas of Study, reviewed in context of dAIR as well as the Project Description

The Proponent is currently undertaking a detailed investigation- in advance of construction-to assess pile driving effects near the Tunnel. 22 Corporation Comments Storm water It should be a requirement that bridge A requirement to capture/treat bridge runoff prior to of Delta submitted on Management runoff is not permitted to freely run into the discharge to the Fraser River will be included in the Corporation of Delta provided no further ------Project receiving environment, aquatic or terrestrial, Application. comment Description and and that storm water management is Key Areas of designed and installed with the public Study, reviewed recreation needs in mind. in context of dAIR as well as the Project Description

23 Fraser Health Section 3.3 Existing Include a description of methods used to The assessment of all components is conducted by (Existing Conditions determine validity/ applicability of baseline environmental professionals with specific expertise and Fraser Health provided no further comment. ------Conditions) information in the context of cumulative training. Best professional judgement is applied to the change in the region. collection of desktop and field data used to support the description of existing conditions.

As outlined in Section 3.3 of the dAIR, the description of existing conditions of each component will include a discussion on the quality and reliability of the baseline data, and its applicability for the assessment of Project- related effects. It will also include a discussion to whether past projects and activities in the study area may have affected the component.

The Application will include discussion regarding anticipated effects on traffic volumes between a tolled and untolled facility. 26 Fraser Health Section 4.9 (Air Air Quality Include: For the air quality assessment, the Proponent has Quality) - range of potential effects based on range of taken a conservative approach to traffic forecasting, (Comment from VCH) The project has the The dAIR is being revised to recognize and changes in traffic flow patterns during using volumes based on an untolled scenario, which potential to change traffic patterns during assess traffic as an Intermediate Component construction and operation and diversion of reflects the higher range of traffic that could be construction and operation, particularly in the (IC). The assessment of traffic will include a traffic under various scenarios of tolled/ anticipated over the planning horizon. current tunnel vicinity, but also on the north end of consideration of changes in traffic during the untolled bridges in the area the project, at the south end of the Oak Street construction, including Tunnel -spatial boundaries to assess air quality in As will be outlined in the Application, the regional Bridge. The LAA of the project should reflect these decommissioning, and operational phases of distant areas with subsequent traffic pattern assessment area (RAA) encompasses the entire lower changes. the Project. The Application will include changes due to construction/ operation mainland airshed for the construction and operation traffic forecasts, with and without the -vulnerable populations and sites as phases of the Project. Project. sensitive receptors Human Health has been identified as a valued The LAA for the traffic IC includes the component (VC) for the assessment of potential project physical extent of works associated with the related effects, including sensitive receptors. Project and therefor does not include Alex Fraser Bridge, Oak Street Bridge, Knight Section 4.9 of the dAIR has been refined to include Street Bridge or the Arthur Liang Bridge. In

Traffic as an IC has been added as Section 5.1 of the dAIR.

Further clarification as requested by EAO: Sensitive receptors in this context refer to vulnerable populations.

27 Fraser Health Section 4.10 Atmospheric Include: For the noise assessment, the Proponent has taken a (Atmospheric Noise - range of potential effects based on range of conservative approach by using traffic volumes Fraser Health provided no further comment. Further clarification as requested by EAO: Noise) changes in traffic flow patterns during associated with an untolled scenario. This approach The HIA will also consider vulnerable construction and operation and diversion of assumes higher range of traffic volume that would be populations. Vulnerable populations include traffic under various scenarios of tolled/ anticipated. those people who are more likely than untolled bridges in the area others to suffer adverse health effects. - spatial boundaries to assess noise in distant Potential effects on vulnerable populations (i.e. those Biological factors (e.g. age), social constructs areas with subsequent traffic pattern more sensitive to effects from increases in noise) are (e.g. gender, ethnicity), material conditions changes due to construction/ operation considered in the human health VC. (e.g. employment, income), or exposure to -vulnerable populations and sites as harmful environments (e.g. populations in sensitive receptors Section 4.10 of the dAIR has been refined to include certain areas) can all contribute to the confirmation that conservative traffic scenario vulnerability of a particular group. In a wider assumptions are used in predicting Project-related sense, a vulnerable population is any changes in noise. population that is “at elevated risk of suffering harm as the result of one or more” Section 1.1 of the dAIR has been updated to include factors. further detail indicating a discussion on tolling and

28 Fraser Health Section 7.0 Human Health Include broader determinants of health: The Proponent, with guidance from regional health (Health Effects built environment- changes to local business, authorities, is undertaking a Health Impact Assessment Fraser Health provided no further comment. ------Assessment) community resources; risk of transportation- (HIA) for the Project which will consider broader related accidents; changes in travel times/ determinants of health. The findings of the HIA will vehicle miles traveled; changes in travel support the assessment of the health VC. modes; accessibility to public transportation The dAIR has been revised to indicate that Section 7.0 (Health) of the Application will include a summary of the results of a health impact assessment that considers potential impacts of the Project on broader determinants of human health and includes recognition of health considerations that are specific to Aboriginal populations.

Traffic as an IC has been added as Section 5.1 of the dAIR.

31 Fraser Health Section 9.0 Effects of the Environmental factor assessments should The Application will include an assessment of (Effects of the Environment include potential human health impacts: potential Project-related effects on human health as Fraser Health provided no further comment. Further clarification as requested by EAO: Environment on -disease, injury, death, mental health outlined in Section 7.0 Health Effects Assessment of the Mental health is one of a number of the Project) -potential exposures from hazardous dAIR. health indicators used to describe existing substances health conditions within communities within -economic losses Potential effects of the environment on the Project, the HIA. The HIA being undertaken for the and human health-related consequences of such Project considers how the Project may result effects, will be discussed in the Application in changes to community health including mental health. Key findings of the HIA will be summarized in the Application and the HIA report will be publically available during the Application Review period.

32 Environment Section 1.0 Options Recommend that further information be Project alternatives assessed in 2012/13 included and Climate (Overview) Analysis provided on the constraints and assumptions different bridge as well as tunnel options. Specifically, Response noted. ------Change used in identifying possible alternatives for Scenario 1 looked at only upgrading the existing tunnel, Canada the Project. Alternatives listed in the dAIR with no capacity improvements and Scenario 4 and 5 are limited to tunnel-only alternatives (5 looked at a smaller bridge or tunnel to operate in scenarios). Other technically and conjunction with upgrades to the existing tunnel. economically feasible alternatives should be considered (such as a smaller bridge vs The Proponent also undertook a high level assessment tunnel-only alternatives), or a discussion as of a transit-only alternative; however, given the to why other alternatives were not national and provincial importance of Highway 99 and considered feasible. the combined trip purpose/vehicle requirements/origins and destinations of existing traffic as well as planned future population and employment growth, this alternative was found to be insufficient on its own. Instead, the Proponent worked with TransLink and area municipalities to identify transit improvements that could be incorporated into the preferred new bridge Scenario to provide needed capacity improvements while also further encouraging

This research will be expanded upon in the EA Application, along with a discussion of the work, including extensive public consultation, undertaken to identify and analyze, the five replacement Scenarios.

Section 1.1 of the dAIR has been updated to confirm that an alternatives analysis will be presented in the Application.

33 Environment Section 3.1 Issues Scoping Recommend assessment of Project effects For each valued component (VC) the Proponent has and Climate (Issues Scoping and Selection on conservation lands (including provincial selected assessment areas based on potential direct Response noted. ------Change and Selection of of Valued Wildlife Management Areas, the National project related effects, within a Local Assessment Area Canada Valued Components Wildlife Area, the Migratory Bird Sanctuary) (LAA) and considered the interactions of the Project on Components) and other conservation areas which are a broader scale, within a Regional Assessment Area located downstream of the Project (RAA). The RAAs have been scoped relative to the specific VC and consideration for the assessment of any adverse effects and the potential to interact with other currently proposed projects.

Section 3.2 of the dAIR has been updated to include reference to consideration of conservation lands in defining assessment areas and assessing Project related effects. 34 Environment Section 3.2 Assessment Request quantifiable criteria attached to The Proponent will provide a table outlining the and Climate (Assessment Boundaries Local Study Areas and Regional Study Areas rationale for study area boundaries at the scheduled ECCC requests a copy of the table outlining the The Proponent has provided a copy of the Change Boundaries) (ex: boundaries are delineated to the point Working Group meeting. rationale for the study area boundaries. (Note ECCC table to the EAO, who had uploaded it to the Canada at which project effects can no longer be did not obtain a copy at the working group SharePoint site before the Working Group measured"). This approach ensures that meeting). meeting on March 10th, 2016. The Proponent boundaries are ecologically relevant and followed up with the EAO, who contacted accounts for situations where project related Environment and Climate Change Canada’s effects prediction may identify Working Group contacts on April 11th, 2016, environmental effects further downstream outlining where the document could be than originally anticipated. found on the SharePoint site. 35 Environment Section 4.0 Sediment and Request that the LAA and RAA boundaries Water quality information has been collected both in ECCC appreciates the update to the LAA for and Climate (Environmental Water Quality for fish and fish habitat be extended so that the South Arm of the Fraser River as well as upland sediment and water quality; however, gaps The dAIR will be revised to reflect the Change Effects / Fish and Fish they coincide with the sediment and water water courses adjacent to Highway 99. The LAA for remain between the LAA and RAA boundaries following: Canada Assessment) Habitat quality boundaries presented. (If sediment water quality will be updated accordingly. for sediment and water quality and fish and and water quality are treated in the fish habitat. Specific instances include:  The LAA for Sediment and Water Application as pathway components to VC's, Section 4.2.1 of the dAIR has been updated to reflect Quality will be extended the boundaries must overlap so the this change.  The northeast and southwest portions of downstream to include Ladner pathways are always linked to measurable the water quality LAA in the Fraser River Reach and South Arm Marshes. endpoints) South Arm, which are areas that are not

36 Environment Section 4.2 Sediment and Request that the dAIR include description The dAIR shared with the Technical Working Group Section 4.2 of the DAIR identifies anticipated Potential Project-related changes in and Climate (Sediment and Water Quality of the indicators and parameters that will be includes any applicable and relevant indicators interactions of Project components and activities sediment and water quality will be assessed Change Water Quality) used for the assessment of Project effects. proposed for the assessment of potential project with sediment and water quality, but does not in terms of their effects on receptor VCs – Canada related effects. The Application will list and describe include the indicators and parameters that will be i.e. Fish and Fish Habitat, Marine Mammals, the parameters for each indicator. used for the assessment of Project effects. For and Vegetation. Indicators selected for the example, impacts to water quality from Tunnel assessment of these receptor VCs reflect this removal on the Fraser River South Arm (project approach. Accordingly, specific indicators activity) could be assessed by evaluating marine for assessment of Project-related effects on water chemistry (indicator), which would be Sediment and Water Quality are reflected in measured by collecting water samples and the above noted valued components and analyzing them for TSS, metals, etc. (parameters). described in the Application. The Proponent is encouraged to identify relevant indicators and parameters early in the EA process to allow for feedback from the working group as appropriate.

Recommend that species at risk (SAR) be used as a separate valued component (VC) and appropriate species should be selected.

Any SAR species used as a VC should represent that species only. Specifically, ECCC does not recommend using SAR species to represent other species/groups. 40 Environment Section 4.8 Terrestrial Recommend that a desk‐top analysis and The Proponent conducted nocturnal ultrasonic call and Climate (Terrestrial Wildlife field surveys be conducted to evaluate bat monitoring in the spring and fall to assess bat species While suitable habitat features for summer/ As there is no potential for winter Change Wildlife) presence, species composition, levels of presence, seasonal abundance, and flight behaviour in winter roosts for Little Brown Myotis may not occur hibernacula for little brown myotis in Deas Canada activity, and habitat use in relation to the the tunnel replacement area of the Project alignment. within the Project alignment, they likely do occur in Slough (rock crevices, caves, etc.) the ROW (especially in and around Deas Slough) habitats adjacent to it including, for example the Proponent will not be conducting such and other features in the Project area. Suitable habitat features for summer roost and Deas Slough area. For this reason, ECCC studies. As summer roosts may be present, Survey methods recommended include the hibernacula do not occur within the Project alignment. recommends the use of mist-netting and telemetry the Application will include mitigation (i.e., use of acoustic detectors, mist‐netting and Accordingly, summer roost and hibernacula to assess any roosting activity by which to timing windows for construction) to avoid telemetry. Identification of summer roosts assessments were not included in the survey methods. determine the need for measures to avoid/ reduce effects on summer roosts. and hibernacula is important and typically harm to these features/ occupants. requires the use of all three aforesaid Section 4.8.2 of the dAIR has been revised to provide methodologies. further clarity on methodology used to assess bat presence.

Survey data on areas potentially containing at-risk amphibian species will support the development of construction and operational phase Environmental Management Plans which include measures for responding to potential accidents and malfunctions.

42 Environment Section 4.8 Terrestrial Recommend assessing potential The assessment of potential changes in river and Climate (Terrestrial Wildlife downstream effects to wildlife habitat, hydraulics due to tunnel decommissioning considers The Proponent’s response identified ‘foreshore In the event that the assessment of river Change Wildlife) including wetlands and biofilm due to: potential effects on downstream riparian and foreshore areas’ but did not identify the specific habitats that hydraulics identifies effects on foreshore Canada - Removal of the existing tunnel (both areas that support habitat values. contain biofilm. ECCC recommends that habitats areas downstream of the Project, the impacts during removal and any impacts supporting a biofilm community be included in Proponent will provide information on the post removal) As the scope of the Project does not include dredging assessments of potential downstream effects. specific nature of such effects including - Potential increased ship traffic and to enhance vessel draft, potential effects related to specific habitat values (including biofilm) potential deepening of the Fraser River deepening of the Fraser River are not within the scope that may be affected in the Application. which could occur to facilitate ship of assessment. movement.

Section 4.8 of the dAIR has been updated to include a statement that results of TEM mapping will inform the assessment of potential Project-related effects on wildlife. 44 Environment Section 4.8 Terrestrial Any SAR species used as a VC should Noted. and Climate (Terrestrial Wildlife represent that species only. Specifically, Response noted. ------Change Wildlife) ECCC does not recommend using SAR The environmental assessment is focussed on issues Canada species to represent other species/groups. that have been identified as requiring specific attention to understand project-related effects as outlined in the EAO’s Guideline for the Selection of Valued Components (VCs) and Assessment of Potential Effects.

The VCs selected for the Project were determined following a thorough assessment of their value from the perspective of scientific, conservation, Aboriginal Groups’ and public considerations, their interactions with the Project, and their presence. Many of the VC assessments include the “full-spectrum” of species, while for key issues of concern there were species- specific studies, e.g., red legged frog.

48 Environment Section 4.8 Terrestrial Recommend an assessment of potential A sediment and water quality study was conducted, and Climate (Terrestrial Wildlife downstream and upstream effects on focusing on collecting information on existing Response noted. ------Change Wildlife) riverine habitats, including wetlands, conditions pertaining to the Fraser River South Arm and Canada sloughs, and irrigation ditches (including the main watercourses within the study area, with when the tunnel is removed) as the Project emphasis on the characteristics of the riverbed, has the potential to impact, water quality suspended sediments, and water quality. Additionally, and quantity , which in turn may potentially the assessment of the potential effects on river impact habitats used by listed and nonlisted hydraulics will help identify potential effects on migratory birds and other wildlife species. foreshore habitats.

Section 4.8.2 of the dAIR has been refined to indicate that potential effects of the Project on water quality, and river hydraulics and morphology, have been considered in the assessment of wildlife.

49 Environment Section 4.7 Vegetation Achieving the goal of No Net Loss of The Project alignment does not include any federal and Climate (Vegetation) Wetland Functions: lands. The Application will identify federal legislation Response noted. ------Change Recommend that the Application clearly and related requirements in proximity of the Project Canada identify any federal lands in relation to the alignment. Project; and, any potential or required federal authorizations, permits or licenses Section 1.1 of the dAIR has been refined to include necessary for the Project, including the likely further detail confirming that proximity of the Project geographical scope of each or any. See to federal lands will be identified in the Application. Attachment 1 for further information and guidance.

Recommend that the wetland and estuary Potential effects on wetlands will be assessed on the effects assessment include, but not be basis of spatial extent (area) by ecosystem type (which limited to: are valued by provincial blue/red-listings), and water - Identification of the potential loss or quality changes. impairment of wetland ecological functioning in relation to: o wildlife and wildlife habitat; o water quality; hydrology; o plant community make‐up; and, o traditional use.

Recommend that the wetland and estuary effects assessment further include, but not be limited to: - impacts to FREMP red, yellow and green colour coded areas; and - impacts to un‐dyked floodplain forests 51 Environment Section 4.7 Vegetation Recommend characterization of baseline Vegetation surveys have been conducted to and Climate (Vegetation) vegetative communities within the area provincial standards by qualified biologists and the Response noted. ------Change potentially affected by the Project. In information will be presented in the Application. The Canada particular, the Application should include assessment includes information for key communities, information (distribution, extent and species and ecosystems. functions) on the following key communities, species groups or ecosystems that have The Application will provide a detailed description of intrinsic ecological or social value, including the methods used to characterize existing conditions. but not limited to:

- Forests (including floodplain and riparian forests); - Riparian ecosystems; - Plant species, including vascular plants, bryophytes, and lichens, and ecological communities of conservation concern; - Traditional use plants; - Invasive species and weeds

For rare plant surveys, recommend that the Protocols for Rare Plant Surveys by Penny and Klinkenberg, available through the CDC

Recommend that appropriately qualified botanists complete the aforementioned vegetation surveys.

52 Environment Section 4.7 Vegetation Recommend federally‐ and COSEWIC‐ Surveys for at-risk vascular plants were conducted. and Climate (Vegetation) listed vascular and nonvascular (bryophytes, Surveys followed the guidelines established for such Response noted. ------Change lichens) rare plant surveys and lichen work and were conducted by qualified professionals. Canada surveys. Non-vascular at-risk plant species were not identified Qualified professional botanists with during the preliminary review of at-risk plant species expertise with the listed species will need to known to occur in the study area. be retained to do this work, in particular for non‐vascular and lichen species. Section 4.7.2 of the dAIR has been updated to provide further clarification on methodology used in collecting baseline information. 53 Environment Section 4.7 Vegetation Recommend that further loss of riparian The effects of the Project on vegetation are very and Climate (Vegetation) or upland vegetation be placed in the small and confined to highly modified ecosystems. It is While the Proponent has indicated that all The methodology adopted with respect to Change context of historic losses in the Fraser anticipated that all Project-related effects on impacts on riparian vegetation will be mitigated, describing existing conditions follows the Canada estuary/delta as a whole and that this should vegetation can be effectively mitigated such that no ECCC advises that the RAA would benefit from a EAO’s Guideline for the Selection of Valued be assessed through a regional cumulative residual effect to riparian and upland vegetation occurs description of potential cumulative effects from Components and Assessment of Potential effects assessment as a result of the Project. this Project. . Effects. Following this methodology, the description of existing conditions provides for a consideration of the effects of previous development on specific VCs. As such, the description of existing conditions for each VC will reference natural or human-caused trends that may have influenced the existing

54 Environment Section 4.7 Vegetation Recommend a regional assessment area The rationale for establishing the LAA and the RAA and Climate (Vegetation) be defined in order to evaluate cumulative for vegetation will be provided in the Application and Response noted. ------Change effects. Cumulative effects on will be shared at the upcoming Working Group meeting Canada riparian/floodplain habitats, including in a table that summarizes LAAs and RAAs for all VCs wetlands, and on the migratory bird and including a VC specific rationale for how they were species at risk that these support is a established. concern, especially given documented historical losses. 55 Vancouver N/A Layout Overall, the document could use a cross The Proponent will provide a summary table to Coastal referenced table that lists the proposed facilitate document review in concert with the next Vancouver Coastal Health provided no further ------Health value components (VC), the associated Working Group meeting. comment. assessment boundaries (time, space etc.), proposed indicators and data / information source, and proposed studies specific to the VC. This could make the documentation easier to read and review. 56 Vancouver Section 1.0 Options Health was not considered as a criterion Six categories formed the basis of evaluation of Coastal (Overview) Analysis to evaluate the potential crossing scenarios. potential crossing scenarios; efficiency of Vancouver Coastal Health provided no further ------Health transportation, safety, agriculture, environment, jobs comment. and the economy, and social and community considerations. Under each of these categories, criteria were identified, many of which were health related including but not limited to incident response capability, earthquake protection, traffic safety, pedestrian and cycling accessibility, local and regional air quality and noise impacts. 57 Vancouver Section 4.9 (Air Air Quality It is suggested that the air quality local VCH understands that MoTI believes that the The dAIR is being revised to recognize and to Coastal Quality) assessment area be extended North-West The air quality assessment extends the length of the changes in queue lengths at Oak Street Bridge are assess traffic as an Intermediate Component Health into the City of Vancouver as queue lengths project scope and includes receptors up to 1km North outside of the scope of the project; however, from (IC). The revised dAIR will describe the at Oak Street Bridge are projected to be of Bridgeport, and is focused on what the potential net a health perspective, the affected local air quality methodology for assessing project related longer during the busiest parts of rush hour effects of the Project may be. Currently, there is would include the shared air space through to 70th changes in traffic. once the bridge is constructed (Project congestion and queuing of northbound traffic along the and Oak Street. The area North of the project also Definition Report, pg. 32). Hwy 99 corridor during the weekday morning peak has a large residential and working population that The LAA for the traffic IC includes the period as a result of the traffic signals at 70th and Oak would be affected by changes in air quality. physical extent of works associated with the Street in the City of Vancouver. Queue lengths may get Project and therefor does not include Alex a little longer during this period as a result of the The Proponent’s response to our concerns Fraser Bridge, Oak Street Bridge, Knight Project as people may change their preferred travel regarding AQ impact northward beyond the current Street Bridge or the Arthur Liang Bridge. In time to take advantage of the significant travel time LAA is unsatisfactory. The proponent argues that addition to being beyond the area where savings. This would not change the net predicted air while the queue length “may get a little longer” physical Project works are being undertaken,

VCH strongly recommends that the LAA for air

58 Vancouver Section 4.9 (Air Air Quality The proponent’s presentation at the Preliminary study results suggest that the Project will Coastal Quality) stakeholder WG meeting on Jan 21 made help decrease greenhouse gas emissions as compared Vancouver Coastal Health provided no further ------Health mention of the improving trends in AQ in the with maintaining the Tunnel, which supports provincial comment. Metro Vancouver airshed over the past and federal GHG reduction targets. This is because of decade. It should be emphasized that that reduced congestion-related idling as well as the effect the long term improvement trend is no of travel-demand management measures that promote license for the project to release more alternatives to the single-occupant vehicle, pollutants. The intention should not be discouraging growth in vehicle traffic over time. polluting to the max allowed – as though the improvement has given more room to Details on potential effects to air quality will be pollute. Rather to minimize air emissions as included in the Application. much as possible for this project independent of the background AQ trend.

Section 4.9.3 and 4.10.3 of the dAIR have been updated to include confirmation that rationale for selection of the projected traffic horizon will be provided in the Application.

Of particular note is the exclusion of information and discussion on bridge toll and other road pricing options and decisions. There are different toll options and the economic and health impacts of the options could be different. Bridge toll as a traffic demand management tool can be health enhancing or be the opposite. Full economic VC cannot be assessed without knowing the proposed bridge toll scheme.

62 Vancouver Section 1.0 Transit Transportation with regards to Transit The Application will provide a description of how the The Project should align with the current works The Project includes significant Coastal (Overview) must be well integrated and moulded with Project aligns with, and supports, regional being completed with TransLink with regards to its investment in transit infrastructure that will Health the Regional Transportation Plan. transportation goals and objectives identified in the Regional South West Area Transport Plan (SWATP). support TransLink’s regional and local plans. Consideration should be taken to articulate TransLink Regional Transportation Strategy. The SWATP consists of the spaces discussed within how the project will assist the region in the Project (Richmond, South Delta, and The Project team is aware of TransLink’s achieving the Trans Link Regional The Project scope includes substantial measures to Tsawwassen) and is using flexible boundaries to recently started South West Area Transport Transportation Strategy target of having 50% promote alternatives to the single occupant vehicle, provide optimal services to users. Plan (SWATP) process, which is expected to of all trips in the region to be made by including extending transit/ HOV lanes, direct transit continue for the next two years. The Project walking, cycling and transit. There should be connections to Bridgeport Road from Highway 99, team meets regularly with TransLink staff a goal in the proposed project for the mode multi-use pathways across the bridge and bridge deign and welcomes the opportunity to participate share for active transportation that reflects that will accommodate future rapid transit. in TransLink’s stakeholder consultation for the regional transportation strategy. Design this plan and to work with TransLink to of the project for example may need to be identify opportunities — either within the analyzed relative to capacity for significantly Project scope or as part of the Ministry’s increasing transit frequency and routes using broader commitment to transit — to support the crossing if the regional strategy goal for the engagement process and subsequent active transport is to be met. implementation.

The Application will provide a description of how the Project aligns with, and supports, regional transportation goals and objectives identified in the TransLink Regional Transportation Strategy.

64 Ministry of Preface Federal The WSA does not supersede any other The Proponent has had initial consultation with Has there been any communication on elements As previously mentioned, the Proponent Forests, Agencies permit or requirement. There are elements Department of Fisheries and Oceans (DFO) on the of the proposed works beyond the Tunnel has had initial consultation with DFO on the Lands, and to the decommissioning of the tunnel that Project. Based on these discussions, DFO has indicated decommissioning? Project. Based on these discussions it is Natural could gain from DFO participation. The other they will become more actively involved at the expected that DFO will become more Resource three works may be of interest to DFO. permitting stage, in alignment with detailed planning actively involved at the permitting stage for Operations and approach for Tunnel decommissioning. authorizations required for the Project.

65 Ministry of Application Project It will be helpful to list each of the 4 While the Application assesses the Project as a single Forests, Summary components components of the project separately. component, the four components have been proposed Ministry of Forests Lands and Natural Resource ------Lands, and Additionally a fifth component on the as broad categories of Project activities in terms of how Operations provided no further comment. Natural cumulative effects. they apply to the Water Sustainability Act (WSA) Resource permitting process. Operations For the purpose of WSA permitting, the Proponent is receptive to submitting applications for specific components to meet the needs of Ministry of Forests, Lands, and Natural Resource Operations. 66 Ministry of Application Project Many details on the decommissioning of The Application will provide a description of Tunnel In addition to the River Hydraulics section, Potential Project-related changes in River Forests, Summary components the tunnel are required. Including but not decommissioning activities, methodology, approach, mitigation measures for the decommissioning of Hydraulics are assessed in terms of their Lands, and limited to; and schedule, as well as modelling results of the post- the tunnel could be added to other aquatic impact effect on Fish and Fish Habitat. Mitigation Natural • The application is to include the critical infilling scenario. and benefit sections of the Application. The fish measures required for any potential Project- Resource path scheduling for completing the tunnel and fish habitat section is one of these area. related effects on fish and fish habitat due to Operations removal, as to ensure the 200 day period for An assessment of the potential effects of the Tunnel changes in river hydraulics will be presented infilling the tunnel depression by river removal, and off-setting measures as appropriate, will within this section of the Application. sedimentation is achieved. be presented in the River Hydraulics section of the • How and where the proponent will dispose Application. of dredging • Clarification on disposal of tunnel sections Section 1.1 of the dAIR has been updated to provide confirmation that the Application will include a

67 Ministry of Application Project Will there be any temporary roads or It is assumed that temporary roads may be required It will be beneficial if the timelines of information The Proponent will take the WSA Forests, Summary components temporary highways during construction? during the pre-construction and construction stages to sharing for the proposed works occurred prior to application review and referral process Lands, and The proposed assessment boundaries are facilitate construction access and staging, as well as the WSA application reviews and referral timelines into account when planning Natural around the existing tunnel, proposed bridge, temporary traffic detours that may be required. processes. permitting of works. The initial WSA Resource and HWY 99. Is it correct to say that no applications will include as many of the Operations temporary roads or highways will be built The Application has been developed with the Please take timelines into account for WSA Changes in and about a Stream as is outside of the assessment areas outlined in assumption that all temporary and permanent works Section 11 Changes in and about a Stream practical. the dAIR? Please include the details for all will be included within the Project alignment. Potential applications. It could be difficult for authorizations works proposed in and about a stream as staging areas that will be made available to the review and processing to occur by the contractor. It defined by the Water Sustainability Act. contractor encompass areas within the highway right- may be beneficial to the project timelines to of-way that have been previously developed and include as many of the Changes in and about a Ensure the application provides the locations disturbed. Stream in the initial applications of Staging Areas to be used for construction, land and wharves. Are any within the Any temporary or permanent works that are to take definition of a stream under the Water place will be subject to applicable permitting Sustainability Act requirements, including Water Sustainability Act permitting. Applications for these permits will include detailed descriptions and locations of works to take place.

If the contractor chooses to develop staging areas on sites other than those identified, site specific environmental permitting and approvals will be obtained by the contractor.

Section 1.1 of the dAIR has been updated to include confirmation that a discussion on construction related facilities, such as temporary roads, staging areas, and wharves, will be included in the Application.

Specific traffic diversions that may be required during Note: construction, including any limited closures of the The dAIR is being revised to recognize and to crossing, will be available in more detail closer to assess traffic as an Intermediate Component commencement of construction. (IC). The assessment of traffic will include a consideration of changes in traffic during the Any temporary or permanent changes to traffic, such as construction, including Tunnel construction of temporary access roads or detours that decommissioning, and a reference to the may involve works in or about a stream will be subject Traffic Management Plan will be made here. to applicable permitting requirements, including Water Sustainability Act permitting. Applications for these Traffic as an IC has been added as Section permits will include detailed descriptions and locations 5.1 of the dAIR. of works to take place.

Section 1.1 of the dAIR has been updated to include confirmation that construction traffic management will be discussed in the Application.

69 Ministry of Application Project Many details on the restoration works in Works to be undertaken for the diversion and Will these works also be included in the EACA An overview of the proposed Green Forests, Summary components Green Slough are needed. subsequent restoration of Green Slough and applicable Application? Slough realignment and anticipated effects Lands, and permitting requirements will be discussed with Ministry and benefits will be included in the Natural of Forests, Lands and Natural Resource Operations. The details of the works, impact and benefits to Application. Resource the aquatic community, and mitigation measures Operations from the temporary alterations to area during The WSA application will contain details construction should be included in the EACA and regarding the temporary alterations, best WSA authorizations. management practices, and mitigation.

70 Ministry of Section 1.0 Applicable If this or these EAC is considering Water Sustainability Act (WSA) permitting for the Forests, (Overview) Authorizations concurrent permitting in terms of Water Project will be applied for separately from the Ministry of Forests Lands and Natural Resource ------Lands, and Sustainability Act authorizations it is Application for an Environmental Assessment Operations provided no further comment. Natural encouraged to share this request as soon as Certificate. Resource possible. Operations Section 1.2 of the dAIR has been updated to include a statement that the Proponent will not be requesting concurrent permitting under the Concurrent Approval Regulation.

72 Ministry of Section 1.0 Applicable I understand that this application requests This Application is for an Environmental Assessment Forests, (Overview) Authorizations 4 Water Sustainability Act authorizations. Certificate under the BC Environmental Assessment The details of the works, impact and benefits to An overview of the proposed Green Lands, and One for the transportation routes leading up Act. Water Sustainability Act (WSA) permitting is not the aquatic community, and mitigation measures Slough realignment and anticipated effects Natural to the new bridge. One for the new bridge, being requested concurrent with the Application. A from the temporary alterations to Green Slough and benefits will be included in the Resource one for the decommissioning of the tunnel WSA permit application package will be submitted area during construction should be included in the Application. Operations and one for the works associated with the separately. It is currently assumed that this package EACA and WSA authorizations. Green slough development. Please separate will be described as works that fall within four broad The WSA application will contain details out how each section will account for all four categories (upland watercourses, clear span bridge, on temporary alterations, best management works separately. Additionally please include Green Slough, and Tunnel decommissioning). practices, and mitigation. the cumulative effects of the four projects. This should be listed in with each section of Cumulative effects are discussed within the effects the dAIR. assessment sections of the Environmental Assessment Application.

73 Ministry of Application Project The application is to provide hydraulic The Application will include the details of the Forests, Summary components modelling that shows a 200 day infill is hydraulic modelling and assumed infill following Tunnel What are the timelines for receipt of this study? Applicable studies and relevant Lands, and achievable with minimal mitigation of tunnel decommissioning. Background information on this Please forward the studies to FLNR along with the background information will be provided in Natural depression. Additionally hydraulic modelling study will be made available to the Working Group. background information. the Application. Resource determining the tunnel depression is stable Operations and does not move or get larger.

75 Ministry of Section 3.3 Existing Consider incorporating information, Noted. The Application is being developed using best Forests, (Existing Conditions methodologies from outside of British practices associated with the various disciplines that Ministry of Forests Lands and Natural Resource ------Lands, and Conditions) Columbia. The USGS has many advanced are undertaking studies to support the environmental Operations provided no further comment. Natural methods, information that could assist in assessment. Those that are leading specific studies do Resource this EACA. The best available information consider best practices and information from beyond Operations does not need to be limited to BC. B.C.

76 Ministry of Section 3.4 Potential It is difficult to exclude with unknowns The Application assumes that the four in-stream Forests, (Potential Effects and unique project elements in terms of the segments of the Tunnel will be removed. Applicable These timelines may be difficult if referrals are to Tunnel decommissioning will not occur Lands, and Effects) decommissioning of the tunnel. If similar permitting associated with Tunnel decommissioning include Tunnel decommissioning along with the until the new bridge has been constructed Natural techniques have been employed please will be applied for prior to decommissioning works. At other proposed works. and is operational. Permitting applications Resource include in the EACA as examples. that time, a detailed decommissioning plan, including for Tunnel removal are not expected to be Operations specific activities and schedule will be provided. prepared and submitted until bridge construction is well underway. Section 1.1 of the dAIR has been updated to provide confirmation that the Application will include a description of the anticipated Tunnel decommissioning approach. 77 Ministry of Section 3.5 Mitigation The possible impacts and benefits are to The Application will include an assessment of effects Forests, (Mitigation Measures be included for all four components of the and benefits for all elements of the Project. Ministry of Forests Lands and Natural Resource ------Lands, and Measures) project. The duration and details of the post Operations provided no further comment. Natural construction monitoring should be included. Post-construction monitoring requirements will be Resource identified in the Application and confirmed prior to the Operations completion of the environmental assessment process.

Please include how to implement and monitor mitigation measures. 79 Ministry of Section 3.6 Characterizati Quantification and degree of certainty of Residual effects for each valued component (VC) will Forests, (Characterizatio on of Residual residual effect required. be characterized in the Application. The Ministry of Forests Lands and Natural Resource ------Lands, and n of Residual Effects characterization of residual effects will include a Operations provided no further comment. Natural Effects) consideration of: direction, magnitude, geographic Resource extent, duration, frequency, and reversibility. Operations

80 Ministry of Section 3.3 Existing Quantify and qualify baseline. Baseline conditions for each assessment component Forests, (Existing Conditions are described in detail within each of the effects Ministry of Forests Lands and Natural Resource ------Lands, and Conditions) assessment sections of the Application. Operations provided no further comment. Natural Resource Operations

81 Ministry of Section 4.4 (Fish Fish and Fish Include effects to the aquatic community Aquatic habitats, which include habitat for fish and Forests, and Fish Habitat in terms of benthic invertebrates. other aquatic species (including benthic and aquatic The comment is in regards to impacts and The response provided is in the context of Lands, and Habitat) invertebrates), will be a primary area of focus in the benefits on the aquatic community during potential Project-related construction and Natural environmental assessment. construction and post construction post construction effects. Resource Operations Potential disturbance to benthic and aquatic invertebrates is not, on its own, proposed as a valued component (VC) given the nature of the Project and the aquatic habitats it overlaps with. Aquatic habitats overlapping with the Project occur within a section of the Fraser River that is dynamic, influenced by large flow variations and downstream transport of sand and organic matter. Therefore, aquatic and benthic invertebrates within and adjacent to the Project alignment are expected to be resilient to physical disturbance. Given the temporary and short-term changes in flow and water quality expected from Project activities, it is anticipated that the benthic and

Section 3.1 of the dAIR has been updated to reflect that rationale for exclusion of benthic and aquatic invertebrates as a VC will be provided in the Application.

82 Ministry of Section 4.4 (Fish Fish and Fish The description of effects and the A description of potential effects and mitigation to Please note these details are aspects of the WSA Noted. The Proponents WSA submission Forests, and Fish Habitat measures to avoid or mitigate serious harm be applied will be included within the Water application review and referral process. This is in will include the required description of Lands, and Habitat) to fish should be listed for all of the four Sustainability Act (WSA) permit application, and is also regards to the mitigation and monitoring listed to effects and mitigation measures specifically Natural authorizations. This could include but not be discussed in detail within the applicable sections of the be included within a Construction Environmental applicable to the works described within the Resource limited to; Application. Additionally, mitigation measures will be Management Plan. WSA submission. Mitigation applicable to Operations • Changes or constriction of flow described in the Construction Environmental the Project as a whole will be described • Change in aquatic vegetation Management Plan (EMP) that will be developed prior to within the Application as well as the CEMP • Change in shoreline morphology construction of the Project. that will be developed prior to construction. • Changes in substrate composition (effects on habitat structure, cover and food supply) • Re suspension and entrainment of sediments • Assessment of harm or mortality to fish from each of the proposed works 83 Ministry of Section 4.1 River Additional information on the proposed The Proponent will meet with Ministry of Forests Forests, (River Hydraulics and works are needed to determine if the Lands and Natural Resource Operations (MFLNRO) to Ministry of Forests Lands and Natural Resource ------Lands, and Hydraulics and Morphology boundaries defined in this dAIR reflect the determine what additional information is required to Operations provided no further comment. Natural Morphology) area required for the EACA. Please note the confirm the LAA and RAA for VCs of interest to MFLNRO Resource feeder routes to the new bridge will need to and will provide a table outlining the rationale for study Operations be included if any works are proposed in and area boundaries at the scheduled Working Group about a stream as defined by the Water meeting. Sustainability Act. Any temporary or permanent Project components that may involve works in or about a stream, including feeder routes (i.e., watercourses along the Highway 99 corridor) will be included within the Water Sustainability Act (WSA) permit package that will be submitted to MFLRNO.

George Massey Tunnel Replacement Project Technical Working Group comments and responses on the draft Application Information Requirements January-April 2016 No. Stakeholder DAIR Section Subject Comment/Inquiry Response Comment/ Inquiry Round 2 Response Round 2 Group 84 Ministry of Section 4.2 Sediment and Additional information on the proposed The Proponent will meet with FLNRO to determine Ministry of Forests Lands and Natural Resource ------Forests, (Sediment and Water Quality works are needed to determine if the what additional information is required to confirm the Operations provided no further comment. Lands, and Water Quality) boundaries defined in this dAIR reflect the LAA and RAA for VCs of interest to Ministry of Forests, Natural area required for the EACA. Please note the Lands and Natural Resource Operations (MFLNRO) and Resource feeder routes to the new bridge will need to will provide a table outlining the rationale for study Operations be included if any works are proposed in and area boundaries at the next working group meeting. about a stream as defined by the Water Sustainability Act. Any temporary or permanent Project components that may involve works in or about a stream, including feeder routes, will be included within the Water Sustainability Act permit package that will be submitted to MFLRNO 85 Metro Section 1.0 Traffic To assist with local transportation The Proponent has discussed traffic and related With respect to each numbered item in the The dAIR is being revised to recognize and Vancouver (Overview) planning efforts, Metro Vancouver staff matters with Working Group members over the past 2 columns on the left: assess traffic as an Intermediate Component recommend that the Ministry of years and significant material regarding this subject is (IC). The revised dAIR will describe the Transportation and Infrastructure explore on the web site. The Proponent intends to provide 1) To date, no technical documentation, methodology for assessing project related the following questions: additional opportunity to discuss traffic, and its comprising methodology and quantitative changes in traffic, that support the inclusion in the Application, at the scheduled Working analysis, describing forecast traffic flows on assessment of other ICs and VCS, including a 1. How much traffic volume (and thus traffic Group meeting. proximate water crossings have been rationale for the LAA and RAA for the Traffic congestion) on the Highway 99 provided to Metro Vancouver. IC. corridor will be diverted to or from the Alex In addition, the Proponent will be meeting with 2) To date, no technical documentation, Fraser Bridge corridor on a) opening day and Working Group representatives, including Metro comprising methodology and quantitative Based on this methodology, the Application b) after travel behaviour has stabilized? Vancouver, separately to allow for more detailed analysis, has been provided to Metro will provide an assessment of Project-related discussion on traffic considerations associated with the Vancouver on how trip origins and changes in traffic within the project area and 2. With planned residential and region- Project. destinations may change as a dynamic relevant portions of the regional road serving retail developments in Tsawwassen result of the new bridge. While Metro network proximal to the Project. . First Nation and Delta, the catchment for 1. It is anticipated traffic volume will be diverted Vancouver prepares baseline and future attracting trips through the Highway 99 from Alex Fraser Bridge to the new bridge year population and employment 1) The Application will include data on corridor will expand. How will future trip during rush hour periods. There will be some allocations for TransLink’s regional future forecasted traffic conditions origins and destinations change from current diversion to the Alex Fraser Bridge during transportation model, unanticipated at proximate water crossings conditions on weekdays? What are current overnight and weekend periods. highway infrastructure could materially including the Alex Fraser Bridge. and future trip origins and destinations on 2. Project assumptions include known affect the allocations. It is unclear how the weekends? developments such as these based on proponent has taken into account the 2) The Application will include traffic municipal, regional and development dynamics of land use and transportation forecasts, with and without the 3. How will queue lengths change on the information. Origin destination information is decisions. Further, the origin and Project, using TransLink's regional Fraser River crossings after project included in the Project Definition Report and destination data in the Project Definition transportation model to assess completion? Will the new bridge provide on the web site. Report are likely cell phone data collected future transportation decisions and appreciable queuing reductions on the 3. The new bridge will alleviate the current from vehicles entering and exiting Highway origin-destinations related to the approaches leading to and from the Alex queues experienced at the tunnel. As the 99. The cell phone data does not represent Project. The regional transportation Fraser Bridge, Oak Street Bridge, Knight majority of the traffic using the tunnel is how trip origins and destinations may look model is based on assumptions Street Bridge, Queensborough Bridge? destined to or from Richmond and traffic like in the future. about population and employment volumes into the City of Vancouver have been 3) To date, no technical documentation, growth in different regions of Metro 4. How will transportation-related dropping over the past 5 years, there will be no comprising methodology and quantitative Vancouver which, accordingly, greenhouse gas emissions change as a result appreciable change in queues on the analysis, has been provided to Metro generate traffic. The model also of new travel patterns and demands? approaches to the Oak St Bridge, Knight St Vancouver on how the new bridge will assumes addition of other future

To assess the full impact of the new bridge, ------particularly from an air quality and GHG emission VCH Comment: stance, as well as for the benefits of improved long- term health by allowing commuters to spend less The dAIR has been revised to provide for an time in their vehicles, the new bridge’s impact on assessment of traffic as an intermediate adjacent and potentially affected roadways should component. The LAA for the traffic IC also be considered includes the physical extent of works associated with the Project and therefor does not include Alex Fraser Bridge, Oak Street Bridge, Knight Street Bridge or the Arthur Lang Bridge. In addition to being beyond the area where physical Project works are being undertaken, future traffic conditions at Oak Street are influenced by are large number of factors including forecasted growth in traffic associated with increases in population and employment growth in the region. While the Application will present information on future trends in traffic at Oak Street, changes to the (existing) Highway 99 corridor are considered to have a negligible influence on traffic conditions at Oak Street Bridge in the future. As such, future changes in traffic at Oak Street are not assessed as a potential effect of the Project.

The RAA is the Greater Vancouver Region and includes regional transportation infrastructure, including local and regional roads, which are included in TransLink’s Regional Transportation Model (RTM).

It is appropriate to test the effects of a The proposed tolling framework includes: a point toll Based on this methodology, the Application system-wide pricing program on traffic at the bridge; a toll rate for four classes of users (Comment from VCH) The health effects of tolling, will provide an assessment of Project-related volumes, trip origins and destinations, and including motorcycles, cars, light commercial and large as well as other considerations for road pricing, changes in traffic within the project area and queue lengths. For example, the toll-free commercial vehicles; and a fully electronic free-flow should be considered in the HIA. relevant portions of the regional road Alex Fraser Bridge may experience additional collection system. Tolls will be used to finance the network proximal to the Project. volumes and congestion in the peak periods, Project, including the cost of construction, operations, and new growth in the midday period, which maintenance and rehabilitation. Both the traffic forecasting and the air is currently operating at free flow. quality assessment information presented in Traffic forecasts for the Project have been based on the the Application will be supported by Given the financial struggles of the Golden current tolling regime for the Port Mann Bridge, as technical appendices to demonstrate the Ears Bridge and Port Mann Bridge, it would outlined in the Project’s business case. Based on the methodology undertaken is defensible. be financially prudent to better understand actual experience at Port Mann, combined with an Confidence levels and technical limitations how different pricing/tolling policy changes analysis of current origin-destination patterns by time that may exist will be noted. could affect the fiscal sustainability of a new of day, traffic levels at the new bridge are expected to 10-lane bridge. Metro Vancouver staff increase during peak periods, and to decline during off- Traffic as an IC has been added as Section request additional information on different peak periods. Diversion to the Alex Fraser Bridge will 6.1 of the dAIR. tolling options. be greater during less congested periods, but will be limited during peak periods by existing capacity constraints at Alex Fraser, and also by daytime ------congestion on the east-west connector portion of Comment from VCH: Highway 91. A consideration of travel time will be It is anticipated that broader discussions regarding included in the HIA that is being undertaken. regional tolling will continue during the period the new bridge is under construction and any changes in approach would need to be explored in more detail with the public, stakeholders and municipalities.

George Massey Tunnel Replacement Project Technical Working Group comments and responses on the draft Application Information Requirements January-April 2016 No. Stakeholder DAIR Section Subject Comment/Inquiry Response Comment/ Inquiry Round 2 Response Round 2 Group 87 Metro Section 3.10 Cumulative Trans Mountain Pipeline Expansion The proposed Kinder Morgan Trans Mountain Vancouver (Cumulative Effects Projects should be included in the Expansion Project (TMEP) will be added to the list of Noted. ------Effects cumulative effects assessment as one of the projects to be included in the cumulative effects Assessment) Reasonably Foreseeable Development and assessment. Activities Section 3.10 of the dAIR has been updated to include the proposed Kinder Morgan Trans Mountain Expansion Project in the list of projects and activities considered for inclusion in the cumulative effects assessment. 88 Metro Section 3.1 Issues Scoping Should consider the following additional Recreation - As recreation activities are both land- With respect to Recreation: 1) Recreation will be included in the Vancouver (Issues Scoping and Valued valued components: based and water-based, potential effects to recreation Application as an indicator under the and Valued Component -Recreation : Deas Island Regional Park and as a result of the Project are considered under the land- 1) Recreation is not only an aspect of Land Land Use VC. Component Selection its recreational values are directly and use and marine use valued components (VCs). Use; rather it is a Valued Component. 2) The Proponent has revised the study Selection) significantly impacted by the proposed Potential effects to recreational activities in Deas Island Please recognize Recreation as a Valued areas of the following VC’s to project. The assessment area for a Regional Park are primarily considered in the land use Component consider the potential Project recreation values component should include VC. 2) Please acknowledge the park in its entirety related effects on Deas Island: the entire Park and should consider by describing in more detail how MOTI is terrestrial wildlife, vegetation, and including recreational impacts on trail Infrastructure - Potential effects on downstream considering the effects to the recreational land use. networks in Delta and Richmond, subject to infrastructure (i.e., Metro Vancouver water mains) are activities in the Deas Island Regional Park support from those municipalities. considered under the assessment of river hydraulics as a whole park site connected to the 3&4) As discussed with Metro Vancouver, -Infrastructure: The construction of the new which considers potential changes in scour or region and its connections as referenced in the Proponent will continue to work with bridge and decommissioning of the existing deposition and movement of the river bed. As the Land Use VC. Metro Vancouver Parks regarding access to tunnel are anticipated to have impacts on discussed with Metro Vancouver at a number of 3) Deas Island Regional Park is connected the west side of Deas Island, both during and Metro Vancouver Water Services meetings the Proponent does not anticipate any effects directly to other trail networks such as the after construction. infrastructure (River Road West Main and on Metro Vancouver infrastructure. Richmond Central Loop and the Millennium Lulu Island-Delta Main). Given the potential Trail in Delta. Those connections will be With respect to Infrastructure: impacts on this infrastructure, the Ministry Visual Air Quality - Visual Air Quality is affected by impacted by construction (during and The Proponent recognizes the importance of should consider adding a valued component pollutant levels as well as weather conditions. With after). Please provide information on the Metro Vancouver infrastructure and for infrastructure. pollutant levels generally forecasted to reduce as a following: potential Project related effects on facilities -Visual Air Quality: The science on visual air result of the Project in 2031, it is anticipated that visual a. such as the Lulu-Island Delta Main quality is evolving and a metric may not be air quality would also improve as a result. The Project guidelines will MOTI provide to the downstream of the Tunnel, are considered available currently to make a quantitative contributes a small percentage of total regional selected contractor(s) to minimize under the assessment of the river hydraulics assessment; however, the proponent should emissions and may result in no noticeable change when impact on connections during and intermediate component. make a qualitative assessment of the impact compared to regional forecasted emissions in 2031 by after construction? of the project on visual air quality. Metro Vancouver. Metro Vancouver forecast of smog b. What assurances will MOTI and the As the project progresses, further detail will forming pollutants (pollutants that can impact visual air selected contractor(s) provide to be developed and discussed with Metro quality) in the region are forecasted to be slightly lower Metro Vancouver Regional Parks Vancouver. in 2031 that they were in 2011. Following dialogue with that the existing connections will Metro Vancouver, the Proponent is undertaking a be maintained and/or enhanced? ------qualitative assessment of potential changes on visual 4) Metro Vancouver staff and visitors access Comment from VCH: aspects of air quality which will be provided to Metro the park through the existing MOTI ROW. Vancouver. This access is critical for park maintenance Health benefits associated with Project- and the park visitor experience. Metro related improvements to active traffic Section 6.1 and 6.2 of the dAIR have been refined to Vancouver Regional Parks would like to networks will be discussed under Project

(Comment from VCH) Recreation and active transportation (e.g. using cycling linkages, and addition of multi-use pathways) should be considered under the human health VC as there are clear health benefits should these improvements to active transportation networks be utilized to their maximum potential. This should also be covered in the HIA.

George Massey Tunnel Replacement Project Technical Working Group comments and responses on the draft Application Information Requirements January-April 2016 No. Stakeholder DAIR Section Subject Comment/Inquiry Response Comment/ Inquiry Round 2 Response Round 2 Group 89. Metro Section 1.0 Utilities While Metro Vancouver understands that The Proponent recognizes the importance of Metro 1 Vancouver (Overview) the Ministry plans to design the bridge and Vancouver’s River Road West and Lulu Island-Delta In order to properly assess the impacts on Metro The Proponent recognizes the importance off-ramps to avoid relocation of the River water mains as critical elements of Greater Vancouver Vancouver utility infrastructure, drawings and of Metro Vancouver’s River Road West and Road West Main, revised loading conditions, Water Services infrastructure. preliminary design details are requested for the Lulu Island-Delta water mains. As the vibration from ground improvements, following project components: Project enters detailed design, further temporary works for traffic detours, and As discussed in a number of meetings the Project i. Massey Bridge, including River Road off- details will be developed and shared with construction staging and laydown areas may does not anticipate impacts on this Metro Vancouver ramp and south abutment near River Road Metro Vancouver. impact the main. Please confirm that infrastructure. The Proponent will continue to work West Main this work will not have a detrimental impact closely with Metro Vancouver staff through the ii. Proposed River Road Extension The transmission line relocation project is on this regional water main. progression of Project design to ensure Metro iii. Green Slough Relocation under the purview of BC Hydro. The --- Vancouver is aware of the project activity in order that Proponent encourages Metro Vancouver to Metro Vancouver staff are concerned that Metro Vancouver can ensure the continued integrity of Details of column locations proximal to the River engage BC Hydro directly with respect to relocation of the River Road West Main may these utilities Road West Main and the extent of proposed potential effects related to transmission line be required for the construction of the River ground improvement is also requested. relocation. Road off-ramp. If relocation is not required, The relocation of the BC Hydro transmission line is monitoring and protection of the River Road not part of this project. We understand Metro While the BC Hydro transmission line is not part of Relocation of BC Hydro’s transmission line is West Main will likely be required. Please Vancouver have met with BC Hydro to discuss this BC the tunnel replacement project, it is taking place as included in the cumulative effects provide additional information on this aspect Hydro project that will be complete prior to the major a direct result of the project and has the potential assessment. of work to allow for an assessment of work on the Tunnel. We encourage Metro Vancouver to impact Metro Vancouver’s utility infrastructure. impacts to this main. to continue their discussions with BC Hydro. Therefore, MOTI has a significant role in addressing ----- impacts associated with this work. At this time, it is unclear if the relocation of Section 1.1 of the dAIR has been updated to confirm Green Slough will affect Metro Vancouver’s the Application will include a discussion on utility The draft river hydraulics assessment report, as River Road West Main, which crosses under relocation consideration for the Project. well as the results of preliminary simulation Green Slough. Please confirm that this work modelling presented to Metro Vancouver, do not will not have a detrimental impact on this support MOTI’s position that no effects on Metro main. Vancouver infrastructure are anticipated. ------While relocation of our main is likely not We request that MOTI provide information on the required for the work involved with measures to be undertaken to properly protect the relocation of BC Hydro's high-voltage Lulu Island-Delta Main and mitigate the impacts of transmission line, Metro Vancouver has trench migration, following tunnel removal, concerns with the potential impacts of this identified in the report. work. Please provide more information on the related ground improvements associated with this work. Metro Vancouver staff also have concerns that there may be a risk of induced current from the relocated BC Hydro transmission line. Please provide an analysis of possible induced current and mitigation measures to protect Metro Vancouver’s infrastructure and its workers.

George Massey Tunnel Replacement Project Technical Working Group comments and responses on the draft Application Information Requirements January-April 2016 No. Stakeholder DAIR Section Subject Comment/Inquiry Response Comment/ Inquiry Round 2 Response Round 2 Group 89. Metro Section 1.0 Utilities The Proponent recognizes the importance of Metro 2 Vancouver (Overview) ------Vancouver’s River Road West and Lulu Island-Delta The requested details of the scope and timing of The Proponent will include a description of Please confirm the scope and timing of water mains as critical elements of Greater Vancouver tunnel decommissioning have still not been the proposed Tunnel decommissioning tunnel decommissioning and that the Water Services infrastructure. The Proponent will provided. This information is required by Metro method in Section 1 of the Application. As necessary measures will be taken by the continue to work closely with Metro Vancouver staff Vancouver in order to properly assess the mentioned during the Technical Working Ministry to properly protect this critical through the progression of Project to ensure Metro downstream impact on the Lulu Island- Delta Main. Group meeting (March 10, 2016), the regional water main. We would note that Vancouver is aware regarding the design and decommissioning process is expected to be both of these water mains are critical to the construction activities in the area of their utilities. With respect to utilities maintenance, please the reverse of how the Tunnel was originally GVWD system supplying drinking water, in As discussed with Metro Vancouver at a number of confirm that existing access through the MOTI installed. The Application will include a bulk, to residents, businesses and industry meetings the Proponent does not anticipate any effects ROW to the west side of Deas Island will be detailed overview of the specific activities south of the Fraser River as well as back- on Metro Vancouver infrastructure. formalized with an easement or SRW agreement. associated with this process to support the feeding the City of Richmond during an Metro Vancouver will have the same access to the west assessment of potential effects and identify emergency. It is imperative that both mains side of Deas Island that they have today during appropriate mitigation. be adequately monitored and protected construction and in the future. Special communication throughout all phases of the proposed arrangements will be made during the construction Section 1.1 of the dAIR has been update to construction work and that interruptions in period to ensure adequate access and safety. confirm the anticipated method of Tunnel service be avoided, especially during the decommissioning. peak summer water demand period. Section 1.1 of the dAIR has been updated to confirm ------the Application will include a discussion on utility As discussed with Metro Vancouver, the Metro Vancouver requires ongoing access to relocation consideration for the Project. Proponent will continue to work with Metro the west side of Deas Island for maintenance Vancouver to ensure access to the west side of the Lulu Island-Delta Main. Specifically, of Deas Island during future stages of Project our Water District has an air valve on the construction and operation. western tip of the island, which requires regular inspection and maintenance. Please confirm that access will be maintained throughout the construction period as well as after the new bridge is in service. 90 Metro Section 4.9 (Air Air Quality The BC Modelling Guideline outlines The Proponent is preparing a modelling plan based Vancouver Quality) recommended steps for completing on the BC Modelling Guidelines. The plan will include Metro Vancouver requests that the modelling plan The modelling plan for air quality, and the modelling projects. This includes creating a appropriate additional detail and documentation, and be forwarded as soon as possible and that it be tracking table noted will be sent to Metro conceptual plan as well as a detailed model will be provided to Metro Vancouver when prepared. used as the framework for further discussion on Vancouver before the Application is plan. Including Metro Vancouver in the the dispersion modeling component of this project. submitted. model planning discussions at an earlier Section 4.9.2 of the dAIR has been updated to include stage in the process may have helped a reference to the B.C. Modelling Guideline which will At the March 3, 2016 workshop on traffic, air The dAIR has been revised to provide for an identify and address some of the issues we guide Project related air-quality modelling. quality and health, MOTI staff indicated that a assessment of traffic as an intermediate have noted in the report. tracking table for comments submitted by Metro component. The Application, and associated Vancouver in April 2015 on the preliminary Air appendices, will provide information on As part of the plan, inputs and settings used Quality Assessment could be shared. Please provide future forecasted traffic flows in the should be provided. Additional a copy of the tracking table, along with the Highway 99 corridor as well as in areas documentation should be submitted with modelling plan. proximate. the final report to allow verification of the model settings, frequency of exceedances, The preliminary Air Quality Assessment was unclear Traffic as an IC has been added as Section the locations of the maximum as to the source of the traffic data incorporated 5.1 of the dAIR. concentrations (incremental and into the assessment. Please include the appropriate

91 Metro Section 4.9 (Air Air Quality The management of ground level ozone is The Proponent has developed an estimate of Given the known complexity of ozone formation in The Proponent recognizes that management Vancouver Quality) a key priority in Metro Vancouver’s air potential changes in concentrations of ground-level the Lower Fraser Valley airshed with respect to of ground level ozone is a key priority for quality management plans. Metro ozone based on research conducted on ozone changes in emissions, and the sensitivity of the Metro Vancouver and the Project will Vancouver’s 2011 Integrated Air Quality and formation in the Lower Fraser Valley at UBC (Steyn et. maximum point of impingement to air circulation support Metro Vancouver’s Regional Ground Greenhouse Gas Management Plan and al. 2011). patterns, the estimation method used lacks detail. Level Ozone Strategy by facilitating a Metro Vancouver Board adopted a “Regional reduction in VOC emissions in the Western Ground Level Ozone Strategy” in April 2014, This research captures specific regional knowledge It is important to note that to appropriately assess portion of the Lower Fraser Valley (Policy which presents the state of scientific which has been considered and incorporated in the impacts on ozone concentrations resulting from the Directions A3, B1, B2, and B3). The Project understanding about ground-level ozone assessment. project, modelling must be capable of accounting will account for approximately 2% of the formation in the region, and establishes for changes in emissions of the VOCs associated total vehicle emissions in the Lower Fraser broad policy directions to control emissions with traffic specifically, and their reactivity with Valley, and in 2031 approximately 0.4% of that contribute to ozone formation. respect to ozone formation. There was no total VOC emissions forecasted and 0.1% of indication in the information provided that this was NOx emissions in the entire regional airshed, It is imperative to assess thoroughly the accounted for with the approximation method both of which are the main precursors to potential for the Project to impact ground used. photochemical ozone formation. Both level ozone levels in Lower Fraser Valley, emissions of VOCs and NOx are expected to using the best available photochemical air Changes in emissions of ozone precursors may have be lower in 2031 when compared to the quality modelling methods. It is also unintended consequences for air quality in parts of baseline of 2011, which will result in imperative that the key stakeholders the airshed beyond the immediate vicinity of the improved air quality within the region. (including Metro Vancouver, the Fraser project. The estimates provided were limited in Estimates of changes in ozone levels, using Valley Regional District, British Columbia geographical scope to a broad sub-region within the method described in the draft air quality Ministry of Environment, and Environment the airshed. effects assessment shared with Metro Canada) be consulted and engaged in the Vancouver indicate the potential for a development of the photochemical air Given the points above, without a rationale in the 0.1 ppb in increase in ozone as a result of the quality-modelling plan (i.e., the draft report providing justification of why the first- Project. More substantial changes in methodology, model set-up, meteorology, order estimate approach was considered an ozone levels, as a result of the Project, are emissions scenarios, and model evaluation), adequate tool for determining the potential effects not predicted as the Project is assumed to to ensure that all appropriate regionally of changes in emissions due to the project on not result in new traffic demand over and specific knowledge is incorporated into the ozone levels in the airshed with appropriate above that associated with the employment

Metro Vancouver requests that photochemical Furthermore, current and recent modelling is conducted to determine the impacts photochemical modelling studies for ozone on the project on ozone levels in the airshed, and are largely research based, with many that key stakeholders are engaged in developing uncertainties. Most models used for the modelling plan. photochemical modelling of ozone have accuracy between +-1 to 8ppb. If such modelling was undertaken within the context of this Project, predicted changes in photochemical ozone concentrations would fall within the range of uncertainties of the modelling inputs and internal model physical and chemical equation accuracies. As such, photochemical modelling will not provide any substantive benefit, over the method currently used to support the effects assessment, with respect to assessing ozone formation as a result of the Project.

92 Metro Section 4.9 (Air Air Quality Include a climate change valued The air quality assessment will consider project- Vancouver Quality) component to quantify how the project related changes in greenhouse gas (GHG) emissions. Please provide an updated Air Quality and An updated Air Quality technical volume, changes the amount of greenhouse gas Methodology and findings will be outlined in the Greenhouse gas technical report for review by reflecting input provided over the past year emissions emitted from vehicular traffic. Application. Metro Vancouver. from Metro Vancouver, will be included in Managing and reducing regional greenhouse the Application. gas emissions is a key element of Metro Section 4.9 of the dAIR has been updated to include Vancouver’s mandate. Alternatively, confirmation that potential Project related changes in greenhouse gas emissions should be GHG emissions will be discussed in the Application included explicitly in the AQ valued under the air quality effects assessment. component. 93 Metro Section 4.9 (Air Air Quality As the PDR states that queue lengths The local assessment area for the air quality Increasing queue lengths and potential induced Consistent with previous assessments of Vancouver Quality) along Oak Street could be longer during rush assessment extends the length of the project scope, up vehicle kilometres travelled could contribute to major transportation projects in the region, hours. Vehicular idling can contribute to 1km North of Bridgeport, and is focused on what the increased concentrations of air pollutants at the air quality assessment is focused on concentrated air contaminants to adjoining potential net effects of the Project may be. specific locations, including Oak and 70th. Oak and assessing the change in air quality associated neighbourhoods and sensitive receptors. The 70th is the last signal for southbound travelers, and with the Project alignment. It is anticipated local assessment area, therefore, should be Currently, there is congestion and queuing of the first signal for northbound travelers. In the that regional air quality will improve as a expanded to at least 70th Avenue and Oak northbound traffic along the Hwy 99 corridor during context of increased population and employment result of the project. While, traffic volumes Street in the city of Vancouver. The the weekday morning peak period as a result of the growth in south Vancouver, it would be prudent to may increase or decrease on other roadways assessment should consider appropriate traffic signals at 70th and Oak Street in the City of expand the local assessment area to include the and bridges within the region in the future, mitigation measures. Vancouver. Queue lengths may get a little longer during Oak and 70th intersection to measure any potential air quality is still expected to have a net peak period as a result of the Project as people may changes to exposure to vehicle emissions and improvement as congestion is relieved along change their preferred travel time to take advantage of health effects. the tunnel corridor. the significant travel time savings. This would not

It has been mentioned that the proponent is not

VCH strongly recommends that the LAA for air quality be extended to 2.5km north of the project end (to 70th Ave). 94 Metro Section 4.0 Air Quality / Through disposition of the pollutants, the Based on the overall reduction in emissions Vancouver (Environmental Human Health Air Quality valued component also has the attributed to improvements in fleet performance, it is Noted. ------Effects potential to impact all of the environmental anticipated that secondary particulate matter Assessment) / effects valued components. As such, the air formation will decrease in the future with or without Section 7.0 quality assessment should assess the the Project. Predicted maximum dry, wet and total (Health Effects deposition of pollutants within the Air deposition was modelled for PM2.5, PM10, and total Assessment) Quality studies areas and identify any PM. potential impacts on Environmental Effects valued components. Analysis of deposition Project-related changes in the deposition of will also be required to enable full transportation-related airborne contaminants was assessment of the Human Health valued modelled for the Criterion Air Contaminants listed component, particularly via the chronic risk above as well as any mobile source air toxins with quotient for multi‐media exposures sufficiently low volatility to partition onto and into soil indicator. and plant tissues. This information is then used to support the human health risk assessment undertaken as part of the assessment of the human health valued component.

For the purposes of assessing the Human Substantial monitoring of airborne particulates / dust Health valued component, road dust and and dust fall rates was conducted during the construction dust must not simply be completion of several recent construction projects, treated as “total particulate: PM10, and including similar highway improvement projects. The PM2.5; the metallic and organic toxic results indicate that dust can be managed through best composition of these dusts must be taken management practices for construction. Airborne dust into account. levels and dust fall rates during construction would generally be too low to result in health concerns, even if roadside soils contained elevated levels of some metals or PAHs. 96 Metro Section 5.0 Economic A complete Economic Effects Assessment The assessment of the land use valued component in Vancouver (Socio-economic section should assess the long-term impacts the Application will provide a description of how the Noted. Further clarification as requested by EAO: Effects of the significantly enhanced road Project aligns with and supports the implementation of A consideration of the potential influence Assessment) transportation access on industrial, regional and local land use plans, and population and of the Project on predicted regional growth agricultural, and residential land uses, employment projections identified in such plans. rates and distribution will be included in the economic activity, and workforce assessment of the land use VC. The LAA for distribution, as well as associated trips land use has been refined to support the generation, for all the wider areas impacted, assessment of the potential for induced not just those immediately beside the bridge growth as a result of the Project. The LAA in and highway construction areas. this case will include the municipalities of Delta, Surrey, and Richmond.

99 Metro Section 5.3 Land Use Please confirm if there will be any habitat The Project presents an opportunity to create 1) What assurances will MOTI provide to Mitigation identified in the Application, Vancouver (Land Use) creation work proposed for Deas Island environmental and community improvements on the Metro Vancouver to ensure that the including improving the foreshore and Regional Park as mitigation for Fraser River, and at Deas Island Park and Deas Slough. proposed improvements to the foreshore, constructing bio-filtration marshes to treat environmental impacts of the bridge. The new bridge will make room to connect both sides the bio-filtration marshes, and the new storm water runoff, will become conditions of the park, which are separated by Highway 99 and the habitat will be implemented? of approval should an Environmental Tunnel portal today. Plans include improving the 2) Please work with Metro Vancouver staff on Assessment Certificate be granted for the foreshore and constructing bio-filtration marshes to an MOU or Terms of Reference to provide a Project. As previously discussed with Metro treat storm water runoff and create new habitat. framework for planning, design, Vancouver, the Proponent will continue to implementation and maintenance of the work with Metro Vancouver Parks regarding The Proponent has held preliminary discussions with ecological enhancements. the enhancements associated with Deas Metro Vancouver Parks' staff, and dialogue will 3) Plans need to include integrated upland Island Regional Park, including vegetation continue as Project planning proceeds. vegetation communities including and habitat measures as well as forested/treed connections between the maintenance provisions. upstream and downstream Regional Park segments. As the Project progresses, further detail will 4) When will the planning and design of the be developed and discussed with Metro Deas Island Habitat enhancements be Vancouver. completed? Will this process be led by MOTI or the selected contractor(s)? 5) How will the ecological enhancements be maintained post construction? Will MOTI be requesting a service agreement with Metro Vancouver Regional Parks to maintain these assets? 100 Metro Section 5.0 Visual/ Noise Concerned with impacts to park Potential noise and visual effects associated with bridge 1) Noise, debris, shading and visual effects 1) Potential noise, visual, shading, and Vancouver (Socio-economic experience:- Please consider opportunities operation is being considered in the Environmental from the bridge will impact the park. The related effects associated with the Effects to manage debris and noise associated with Assessment Application. Mitigation, if required, will be impacts can and should be modeled pre- new bridge will be identified in the Assessment) bridge operation. identified. All works on the Project will be within construction. Please provide the visual Application. The visual assessment Ministry right-of-way. modeling and description of the viewshed will include viewpoints on Deas The construction of the large bridge deck The transmission line relocation project is a BC Hydro under the bridge. Island and the Millennium trail in and possible aerial transmission line will project. There is existing overhead hydro lines on 2) The bridge and transmission line relocation close proximity to the new bridge. impact the park views. Mitigation of this Ministry right of way and this may continue. The projects will have considerable visual and 2) The transmission line relocation impact is challenging given the scale of the Proponent is currently waiting on BC Hydro to make a physical impacts on the park. Incorporating project is under the purview of BC proposed bridge. Incorporating the BC Hydro decision on their preferred alternative. BC Hydro plans the hydro transmission line into the bridge Hydro. The Proponent encourages transmission line into the bridge structure as to meet with stakeholders once they have determined structure would reduce these impacts. Metro Vancouver to engage BC opposed to building standalone towers their approach. Please confirm if MOTI is working with BC Hydro directly with respect to would be desirable. Please consider the park Hydro to explore this option, and what role potential effects related to

101 Metro ------Park Access Construction And Long-Term Maintenance As discussed with Metro Vancouver, the Project is not 1) Please work with Metro Vancouver staff to 1) The Proponent will acquire relevant Vancouver Access planning on requiring access through Deas Island secure the required permits for permits for Project related works Construction access through Deas Island Regional Park during construction. construction and/or maintenance access within the park. Regional Park is not desirable from a park Light vehicle access may be required post-construction through the park 2) As previously mentioned, light visitor perspective, and existing park for maintenance purposes, and will be determined as 2) Please confirm the nature of access vehicle access may be required post- infrastructure is inadequate to support this design work advances. Access to the Metro Vancouver required post construction and complete construction for maintenance type of use. No formal request for access Lulu Island Delta Main will be maintained throughout and expand the impact assessment to purposes. Maintenance access during construction has been proposed by the construction period as well as after the new bridge include the area and park assets this will requirements will be discussed with the Ministry. is in service. impact. Park roads and trails may require Metro Vancouver as design work The Proponent will determine future maintenance upgrades to support access. Some roads advances. Although no formal request has been made access requirements and work with Metro Vancouver and trails may not be suitable due to to Metro Vancouver Regional Parks staff, to confirm both Ministry access and Metro Vancouver adjacent sensitive habitat. access through the Regional Park will likely access to Ministry right of way in the area. be required for long-term maintenance of the Ministry’s bridge and BC Hydro’s transmission line. Pursuant to Metro Vancouver Regional Parks Bylaw No. 1177, 2012, all commercial access through or on Metro Vancouver Regional Parks must undergo a permitting process. Please provide information on future maintenance access requirements.

106 City of Comments Goals Goal #5-provide multi-use pathways (min The Project will include multi-use pathways on both Richmond submitted on 3.5 m width) on both sides of the bridge sides of the bridge, providing new and enhanced Minister Stone announced February 12, 2016 As mentioned previously, the Proponent is Project opportunities for cycling and pedestrians as well as that a working group would be established to focus continuing to work with local cyclist groups Description and enhanced connections to community trails, on the cycling components of the project including and stakeholders on design of the multi-use Key Areas of contributing to increased cycling opportunities for all connections to regional networks. This group has pathways and connections to regional Study, reviewed user groups (recreation, tourism, commuters etc.) yet to be established and we request its formation networks. There have been several meeting in context of as soon as possible to allow meaningful input on with stakeholders on cycling improvements dAIR as well as The Proponent is continuing to work with local cyclist the project design of the cycling components. to date. The Proponent is moving forward the Project groups and stakeholders on design of the multi-use with the formation of a Cycling Working Description pathways and connections to regional networks. Group, and held the first meeting on April 20th, 2016. The Cycling Working Group includes representatives from HUB Cycling, City of Richmond, Corporation of Delta, Lower Mainland District and the GMT Project Team. The next meeting of the GMT Cycling Working Group is to be scheduled for mid-May.

107 City of Comments Goals Goal #6- Expand this to include more The Proponent may consider additional Richmond submitted on environmental enhancements in Richmond, opportunities for environmental enhancements in In order to achieve an ecological net gain, the As previously mentioned, the Proponent Project not just under the new bridge and in the concert with advancing design details. Potential City is seeking environmental enhancements may consider additional opportunities for Description and ROW on Deas Island. Enhance the enhancements include re-vegetation and landscaping beyond the footprint of the highway interchanges, environmental enhancements in concert Key Areas of environment in the Project right-of-way in at interchanges. including habitat enhancement, ecological with advancing design details. Study, reviewed general (including Richmond and Delta) improvements and tree replacements (at a ratio of in context of 2:1) along the length of the corridor. dAIR as well as the Project Description

109 City of Comments Project As per comment on Section 2.2 "a new The Project will include multi-use pathways on both Richmond submitted on Benefits multi-use pathway"-this should be on both sides of the bridge. No further comment. ------Project sides of the bridge. Description and Key Areas of Study, reviewed in context of dAIR as well as the Project Description

110 City of Comments Project Staff requests expansion of the Enhanced A description of anticipated Project-related Richmond submitted on Benefits Environmental benefits. These should be environmental benefits, including habitat enhancement Seeking environmental net gain benefits to The Proponent will undertake mitigation Project expanded beyond air quality/ GHG benefits, and associated ecological improvements, will be include habitat enhancement, ecological to address Project related effects and will Description and to also include habitat, vegetation, and other included in the Application. enhancement and tree and shrub augmentation. identify, in the Application, where net Key Areas of associated ecological improvements. benefits have been achieved. Study, reviewed Section 1.1 of the dAIR has been refined to indicate in context of that Project-related benefits to the environment will dAIR as well as be discussed in the Application. the Project Description

111 City of Comments Project The figures showing the project The figures included in the Project Description Richmond submitted on components components are not complete. Figure 3-1 provide an overview of core highway improvement The conceptual figures included in the PDR The effects assessment considers the Project doesn't show the 2-way transit-only ramp works. Detailed Project concept figures have been Concept are neither complete (e.g., none of the reference concept provided to the City and Description and and roadway connection between Hwy 99 provided by the Proponent on the Project website at drawings show a connection to Rice Mill Road) nor available on the Project website as noted Key Areas of and Van Home Way as part of the Project the following link: sufficiently detailed (e.g., transit-only connection to previously. The reference concept provided Study, reviewed Area (although it's mentioned in Point 2 http://engage.gov.bc.ca/masseytunnel/files/2016/01/P Van Horne Way) to allow assessment of traffic to the City of Richmond, and available on the in context of below). Figure 3-3 doesn't show or mention DR-Concept-Dec-2015.pdf. impacts of the project on the local road network. Project website, includes the Rice Mill Road dAIR as well as the connection to Rice Mill Road as part of connection and the transit only connection the Project the Project Area. noted in the comment. Description The Application will include additional conceptual design details which will support

Description of the reference concept, including concept figures, will be included in Part A of the Application under Project Description.

As previously discussed, local roads will benefit from the new Steveston Highway and Westminster Highway interchanges in Richmond as well as from reduced congestion at the new bridge.

112 City of Comments Project Staff requests the integrations of the BC The Proponent has added the BC Hydro Power Line Richmond submitted on components Hydro transmission line relocation within the Relocation to the list of projects to be considered in the No further comment. ------Project project scope/ as a project component. assessment of Project-related cumulative effects. Description and Key Areas of Section 3.10 of the dAIR has been updated to reflect Study, reviewed this. in context of dAIR as well as the Project Description

113 City of Comments Construction Relating to temporary barge access It is assumed that temporary barge access may be Richmond submitted on Facilities structures-need to address environmental required during construction to facilitate staging. The No further comment. ------Project impacts to the foreshore of these structures Application has been developed with the assumption Description and as well as the extent of these barge that all temporary and permanent works will be Key Areas of structures. included within the Project alignment. Any temporary Study, reviewed or permanent works that are to take place will be in context of subject to applicable permitting dAIR as well as requirements. Applications for these permits will the Project include detailed descriptions and locations of works to Description take place. Section 1.1 of the dAIR has been refined to provide confirmation that information on temporary construction facilities will be included in the Application.

115 City of Comments Proposed All construction activities should take Project-related construction is anticipated to take Richmond submitted on Construction place within Ministry right-of-way. place along the Project alignment, within Ministry right- The proponent needs to coordinate with the The Proponent has met with the City of Project Activities of-way. Some minor property acquisition will be affected local government for any construction Richmond over 80 times to date and will Description and required for interchange/ road widening works. activities adjacent to or outside of the Ministry continue to work with the City regarding Key Areas of Opportunities for unused right-of-way to be made right-of-way. Project activities. Study, reviewed available for agricultural use are being identified. in context of dAIR as well as the Project Description

116 City of Comments Other Clarification needed: Term "underpasses" The term underpass refers to structures that Richmond submitted on Structures refers to the removal of the existing Highway 99 passes through or under. Alternately, a No further comment. ------Project overpass structures? roadway crossing above Highway 99 is described as an Description and overpass. Key Areas of Study, reviewed in context of dAIR as well as the Project Description

117 City of Comments Construction Address treatment, management, and Monitoring and control of invasive plant species will Richmond submitted on Activities; Site removal of invasive species located within be undertaken during construction. Species for which Ensure that the CEMP / Invasive Species The Construction Environmental Project Preparation the project alignment as an integral aspect there is a requirement to control under the B.C. Weed Management Plan also includes significant post- Management Plan will include an Invasive Description and of EA review Control Act, R.S.B.C. 1996, c. 487, as well as species construction monitoring period. The City assumes Species Management Plan which will Key Areas of that are listed by the Invasive Species Council of Metro that that the Invasive Species Management Plan incorporate measures to address invasive Study, reviewed Vancouver will be addressed. An Invasive Species will include invasive species management as it species considerations associated with soil in context of Management Plan that includes site-appropriate relates to soil movement. relocation as well as provisions for dAIR as well as monitoring and control methods for different species monitoring. the Project and conditions will be prepared and implemented as A list of Management Plans (including the Description part of the Construction Environmental Management Construction Environmental Management

118 City of Comments Construction Need to address management of riparian The potential for the Project to interact with Richmond submitted on Activities; Site areas on both east and west sides of Hwy 99 environmentally sensitive areas, including riparian Please specify in the Application the relevant The relevance/applicability of the BC Project Preparation impacted by construction activities and site areas will be described in the Application. In addition, regulatory requirements to guide offsetting i.e. RAR Riparian Area Regulations to the Project and Description and preparation, as it relates to the net gain the Application will identify opportunities for and Provincial Water Act. related activities will be discussed in Section Key Areas of approach requested by the City enhancement, including offsetting to address potential 1.2 (Applicable Authorizations) of the Study, reviewed effects. Offsetting will meet or exceed applicable Application. in context of federal and provincial regulatory requirements. dAIR as well as the Project Description

119 City of Comments Site Acknowledge impact of site preparation The impact of site preparation activities on Richmond submitted on Preparation activities on watercourses within Highway 99 watercourses within the Project Alignment will be Ensure that these site preparation activities and Project activities and interactions with Project ROW included in the Application as part of the assessment of impacts on watercourses are integrated within the relevant valued components as well as an Description and fish and fish habitat VC. Project works will follow best Sediment and Water Quality Valued Component. assessment of potential project related Key Areas of management practices, applicable regulations, and City requesting review of hydrological modelling effects are outlined in the Application at the Study, reviewed permitting requirements to ensure potential effects on etc. to understand impacts of increased impervious end of each valued component section. . in context of watercourses are avoided or mitigated. areas and stormwater runoff provisions related to dAIR as well as final project footprint. Information on potential influence of the Project changes in impervious surface on Description stormwater runoff , and the management of stormwater runoff will be included in Section 4.2 (Sediment and Water Quality) of the Application 120 City of Comments Waste Address disposal of invasive plant waste An Invasive Species Management Plan that includes Richmond submitted on Disposal site-appropriate monitoring, control, and disposal Ensure that the CEMP / Invasive Species The Construction Environmental Project methods for different species and conditions will be Management Plan also includes significant post- Management Plan, which will include an Description and prepared and implemented as part of the CEMP. construction monitoring period Invasive Species Management Plan, will Key Areas of contain monitoring provisions. Study, reviewed in context of dAIR as well as the Project Description

122 City of Comments Figure 3-1 Shell Road improvements not included. The figures included in the Project Description Richmond submitted on Reconfiguring the Hwy 91 off/on ramps is provide an overview of core highway improvement The conceptual figures included in the PDR 1) The effects assessment considers the Project not noted. works. Detailed Project concept figures have been Concept are neither complete nor sufficiently reference concept provided to the Description and provided by the Proponent on the Project website at detailed to allow assessment of traffic impacts of City and available on the Project Key Areas of the following link: the project on the local road network. website as noted previously. Study, reviewed http://engage.gov.bc.ca/masseytunnel/files/2016/01/P 2) The Application will include additional in context of DR-Concept-Dec-2015.pdf conceptual design details which will dAIR as well as support the assessment of traffic on the Project the local road network Description Description of the reference concept, including concept figures, will be included in Part A of the Application under Project Description.

Works at Shell road include the replacement of the Shell Road overpass and the provision of the Odlin/ Shell road multi-use path connection.

As previously discussed, local roads will benefit from the new Steveston Highway and Westminster Highway interchanges in Richmond as well as from reduced congestion at the new bridge.

123 City of Comments Figure 3-2 Reference 4 should speak to pedestrian The figures included in the Project Description Richmond submitted on circulation along Steveston Highway and, provide an overview of core highway improvement There is no information on the referenced The Proponent has committed to the Project traffic flows along Rice Mill Road. Replacing works. Detailed Project concept figures have been ‘concept figures’ pertaining to pedestrian and bike provision of pedestrian and cycling Description and Blundell overpass is not included on the provided by the Proponent on the Project website at circulation. As this project will likely be handled as infrastructure and to working with local Key Areas of drawing. Widening of the highway is not the following link: a PPP design build, and as such process does not governments with respect to integrating Study, reviewed noted http://engage.gov.bc.ca/masseytunnel/files/2016/01/P provide a mechanism for local government review existing and proposed infrastructure. in context of DR-Concept-Dec-2015.pdf of the detailed design work as it evolves, staff dAIR as well as would like more specific language and some The review of more detailed conceptual

Description of the reference concept, including concept figures, will be included in Part A of the Application under Project Description.

124 City of Comments Figure 3-3 Reference 6 should speak two multi-use The Bridge will include a multi-use pathway on both Richmond submitted on pathways on both sides of the bridge. sides of the bridge, providing new and enhanced Project criteria should specify minimum width of The Proponent will ensure that design Project opportunities for cycling and pedestrians as well as multi-use pathways. specifications for the multi-use pathways Description and enhanced connections to community trails, can safely accommodate both pedestrians Key Areas of contributing to increased cycling opportunities for all and cyclists using the facility. Study, reviewed user groups (recreation, tourism, commuters etc.). in context of dAIR as well as the Project Description

125 City of Comments Regulatory Staff requests the involvement of The Proponent has had initial consultation with Richmond submitted on Engagement Department of Fisheries and Oceans and Department of Fisheries and Oceans (DFO) on the In addition to the permitting stage, the City The Proponent would welcome DFO Project Environment Canada/ Canadian Wildlife Project. Based on these discussions, DFO has indicated reaffirms request for DFO to be participatory and participation in all stages of the BCEAA Description and Service as George Massey Tunnel they will become more actively involved at the active in the Pre-Application stage and Application review of the Project. Key Areas of Replacement Project Working Group permitting stage, in alignment with planning and Review stage, particularly as Fish and Fish Habitat Study, reviewed members and project reviewers based on approach for Tunnel decommissioning. and other associated VC’s regarding ecology and in context of the scope of the project. water quality are under assessment. dAIR as well as Environment and Climate Change Canada is the Project participating as part of the Working Group, and will Description continue to be involved in technical review of the Project throughout the Environmental Assessment Process. 126 City of Comments Environmental Staff requested a detailed discussion on The Proponent intends to provide the opportunity to Richmond submitted on Assessment each Valued Component presented within discuss each of the valued components (VC) at the City requests an in-person 3rd Working Group EAO has scheduled and has undertaken a Project and Key Areas the Project Description and Key Areas of scheduled Working Group meeting as well as during meeting that can further discuss the dAIR round 2 joint meeting with the City of Richmond and Description and of Study Study report through the George Massey subsequent phases of the environmental assessment comments as well as Application Screening process. the Proponent to discuss specific comments Key Areas of Tunnel Replacement Project Working Group including, but not limited to, the Application Review and concerns and the Proponent continues Study, reviewed meetings phase. to meet bi-weekly with the City. EAO also in context of hosted a teleconference Technical Working dAIR as well as In addition, the Proponent will be meeting with Group meeting to discuss the Application the Project Working Group representatives separately to allow for Screening process. Description more detailed discussion on valued components

127 City of Comments Environmental Staff requests the proponents incorporate Findings from past studies associated with other Please also incorporate information and findings The Proponent considered available Richmond submitted on Assessment findings from other studies associated with relevant projects, will be reviewed and appropriate from the Hwy 99 widening for the Shoulder Bus information form the Shoulder Bus Lane Project and Key Areas Valued Components of other Fraser River information based on this review incorporated into the Lane expansion in Richmond. expansion in the planning phases of the Description and of Study Assessment projects (i.e. Vancouver Airport Application. Project (Phase 1 and Phase 2). The Ministry Key Areas of Fuel Delivery Project, Wes Pac Tilbury reviewed information from previous projects Study, reviewed Marine Jetty Project) including the Shoulder Bus Lane expansion in context of as part of the general literature search dAIR as well as supporting the effects assessment of the the Project Project. Proponent will investigate the Description availability and applicability of information and findings from the Shoulder Bus lane expansion.

128 City of Comments Environmental There is a need for a fulsome inclusion of Present and reasonably foreseeable projects and This comment relates to City Council concern Noted. Richmond submitted on Assessment cumulative effects relating to large activities have been identified for inclusion in the regarding the industrialization of the Fraser River as Project and Key Areas infrastructure project beings undertaken in cumulative effects assessment as outlined in the dAIR. well as ongoing City comments regarding the Description and of Study the region, many of which are on the Fraser cumulative impacts for GHG emissions, vehicular Key Areas of River i.e. Fraser Surrey Docks, Vancouver Additional projects that have been added to the list of traffic related to the RBT2 project, PMV expansion Study, reviewed Airport Fuel Delivery Project, WesPac Tilbury projects (within the dAIR), to support the assessment of and other large infrastructure projects being in context of Marine Jetty Project, Roberts Bank Terminal project-related cumulative effects, includes the undertaken in the region. dAIR as well as II and the Trans Mountain Expansion Project. proposed Kinder Morgan Trans Mountain Expansion the Project Project (TMEP). Description This list will be updated to include additional projects as appropriate, based on input received from the technical working group, prior to finalizing the dAIR. 129 City of Comments Environmental Need for additional Valued Component As recreation activities are both land-based and Health benefits associated with Project- Richmond submitted on Assessment relating specifically to Recreation water-based, potential effects to recreation as a result City of Richmond provided no further comment. related improvements to active Project and Key Areas of the Project are considered under the land-use and transportation networks will be discussed Description and of Study marine-use valued components (VCs). ------under Project Benefits in the Application, Key Areas of and will be considered in the HIA. Study, reviewed Section 5.2 and 5.3 of the dAIR have been refined to (Comment from VCH) Recreation and active in context of confirm that potential Project-related effects on transportation (e.g. using cycling linkages, and While the HIA is not a requirement of the dAIR as well as recreation will be addressed in the Application. addition of multi-use pathways) should be EAO, The Proponent recognizes the HIA as a the Project considered under the human health VC as there are valuable tool to support planning activities Description clear health benefits should these improvements to by identifying broader determinants of active transportation networks be utilized to their human health beyond those required for maximum potential. This should also be covered in assessment under BCEAA. The HIA is being the HIA. undertaken concurrently with the Projects environmental assessment under BCEAA. Key findings of the HIA will be summarized in

130 City of Comments River The project impacts are states as limited The Application will include consideration of the OK. The Proponent stated at the March 10, 2016 The Proponent confirms that potential Richmond submitted on Hydraulics and to the decommissioning of the tunnel. potential effects of the relocation of Green Slough as Working Group meeting that the effects of re- effects of re-establishing Green Slough will Project Morphology Address whether re-opening Green Slough part of the assessment of the fish and fish habitat establishing Green Slough would be included in the be considered in the assessment of the river Description and will have any impacts. VC. A consideration of potential effects on river river hydraulics and morphology study. hydraulics IC. Key Areas of hydraulics and sedimentation will be considered under Study, reviewed the river hydraulics and morphology study. in context of dAIR as well as Environmental permitting for the proposed works the Project will be undertaken once the final design is complete. Description At this time, additional assessment would be undertaken to confirm that the relocated slough does not affect river hydraulics in adjacent areas.

The relocation of Green Slough will restore its historical alignment and enhance associated habitat values.

131 City of Comments Sediment and Bio filtration areas should be incorporated Bio-filtration marshes will be included in the Project Biofiltration should be considered as an option The Proponent agrees that biofiltration is Richmond submitted on Water Quality within the Project design beyond the bridge design for treatment of storm water from the bridge moving forward for stormwater management and an appropriate option for addressing Project approach areas, but along the Highway 99 and approaches. drainage solutions/ innovation along the corridor. stormwater management and drainage Description and corridor as well requirements of the Project and will be Key Areas of The Highway 99 corridor uses low gradient ditches to including this approach in Project design. Study, reviewed manage storm water. Grass verges between the in context of pavement and the drainage ditches will continue to dAIR as well as provide effective bio filtration of road runoff along the the Project corridor. Description

132 City of Comments Sediment and Watercourses should be a stand-alone The Proponent followed EAO guidance (Guideline for Richmond submitted on Water Quality Valued Components, so to evaluate potential the Selection of Valued Components and Assessment of Please note that this comment emerged due to The Proponent understands and supports Project hydrological changes pertaining to storm Potential Effects (EAO, 2013)) as the basis for selecting the fact that the Project will incur one of the largest the City of Richmond’s commitment to Description and water runoff, water flow amounts, non-point Valued Components (VCs). relocation / infills of existing watercourses ever in protecting and enhancing ecological values Key Areas of source contaminations, and impacts on City Richmond. Richmond’s watercourses are a major associated with watercourses in the Project Study, reviewed infrastructure. These components all Based on this approach , it was determined that the ecological asset within the context of our area. in context of strongly align with the principles of the City's ultimate receptors of Project-related effects on water community, and as such, it is critical that project- dAIR as well as Ecological Network Management Strategy. courses and representative species (i.e. Fish and Fish related effects on watercourses be The potential for the Project to interact the Project Habitat, Vegetation, At-risk Amphibians, and Terrestrial comprehensively and thoroughly addressed within with riparian areas along ditches will be Description Wildlife) would be the appropriate VCs. the VC assessments, including establishing a net described in Section 4.4 (Fish and Fish gain approach. Habitat) of the Application. In addition, this Water quality and river hydraulics are assessed section of the Application will identify separately and support the assessment of fisheries and opportunities for habitat enhancement, wildlife VCs. including offsetting to address potential

133 City of Comments Sediment and Need to address post-construction The Application will identify appropriate off-setting Richmond submitted on Water Quality compensation for impacted watercourses. to address potential effects on fish and fish habitat as No further comment. ------Project well as post-construction monitoring requirements for Description and offsetting sites. Key Areas of Study, reviewed in context of dAIR as well as the Project Description

134 City of Comments Sediment and The proposed GMTR improvements will The incremental increase caused by storm water run- Richmond submitted on Water Quality increase storm water runoff (through off as a result of the Project is expected to be small. Request clarification on the calculation of a Information on how drainage Project increased impermeable areas). It also has This storm water will be held in bio-filtration ponds to ‘small’ incremental increase in stormwater run-off, requirements for the Project will be Description and potential to impact the size and location of attenuate flows to storm water and drainage and how this conclusion was determined. The City addressed, including performance objectives Key Areas of drainage canals or water courses. Given that infrastructure discharged by the City's pump stations. expects a background drainage study, stormwater guiding design, will be included in Part A of Study, reviewed MOTI storm water system and the City storm modelling, and associated data to support the the Application which includes a more in context of water system are interconnected, and that During detailed drainage design, the Proponent will project. The City requests review of any drainage detailed description of the key elements of dAIR as well as MoTi drainage system relies on the City ensure that shared drainage infrastructure can studies to date and associated results, so as to the Project including drainage. The final the Project drainage pump stations for storm water accommodate the needs of all users. determine impacts on City infrastructure, including design of drainage infrastructure, will take Description discharge off of Lulu Island, storm water drainage canals and watercourses. Identification of into account all information that is available modelling and planned storm water Section 1.1 of the dAIR has been refined to indicate current and future impervious areas calculations to describe existing and future drainage improvement are required components of that Project-related benefits to the environment will be and intended approaches for stormwater demands. The Proponent has sufficient the GMTR project. discussed in the Application. management is requested. information on the amount of run-off that will be generated from Highway 99 but will require information, previously requested from the City of Richmond, in order to undertake detailed planning of shared drainage infrastructure so that such infrastructure can meet the needs of both the Proponent and the City of Richmond.

135 City of Comments Environmental Detailed habitat and vegetation The Proponent is completing a detailed habitat Richmond submitted on Effects assessment should be undertaken along the assessment along the Project alignment. Results of this As this information is yet to be compiled for the The EAO has scheduled and undertaken a Project Assessment in full GMT transportation corridor. The assessment, including a description of EA, City staff reiterate the need to provide a 3rd joint meeting with the City of Richmond and Description and General assessments should identify, document and vegetation/habitat features present within and Working Group meeting to review this new the Proponent to discuss specific comments Key Areas of report out on features and functions present adjacent to the Project alignment, will be provided in information and provide comment. and concerns and the Proponent continues Study, reviewed within and adjacent to the corridor. the Application. Non-habitat values associated with to meet bi-weekly with the City. in context of Assessments should also be undertaken to vegetation including visual buffering and sound dAIR as well as address other valued (non habitat) aspects attenuation will be considered and discussed under the

136 City of Comments Environmental The scope of potential effects on at-risk The following criteria were used to assess effects of Richmond submitted on Effects species (amphibians, riparian species, and the Project on sensitive species. City requests the opportunity to review the full Details on the studies conducted, Project Assessment in plant species) be broadened to all species data set of SAR and the broader range of related including assessment methodology, data Description and General present within the project footprint. 1) Presence in the Project alignment or in a zone species within the corridor. Adequate time must be collected as part of baseline studies, and Key Areas of affected by it provided for this review. assessment of potential Project-related Study, reviewed 2) Interaction with project components or activities. effects, will be presented in the Application. in context of 3) Recognized importance for regulatory, conservation, dAIR as well as or cultural factors. The EAO will determine the timelines for the Project review of the Application by the Working Description Generally red- and blue-listed, SARA-listed species and Group. other species of particular interest to First Nations were selected for inclusion as a Valued Component (VC).

The Application will provide details and rationale for other species considered. It should be noted that the assessment of the wildlife VCs selected, in many cases, is representative of a broader group of related species. In such cases, the assessment of effects, and proposed mitigation, is applicable to the broader range of related species.

137 City of Comments Environmental The project design should be prepared Strategies for avoiding or minimizing Project-related Richmond submitted on Effects with the intent of planning for mitigation, effects and opportunities for enhancement of valued City requests a more fulsome discussion on The Proponent has met with the City of Project Assessment in compensation and enhancement of these components (VC) have been included in Project design involvement in these subsequent processes to Richmond over 80 times to date and will Description and General valued components considerations, and will be developed further during assure City needs are addressed continue to work with the City regarding Key Areas of subsequent stages. Project activities. Study, reviewed in context of dAIR as well as the Project Description

138 City of Comments Fish and Fish Address whether there are any shadowing The Proponent has considered the potential effects Richmond submitted on Habitat impacts from the Bridge. Section 5.4.2 (in of shadowing within the assessment of the Land Use No further comment. Further clarification as requested by EAO: Project the Project Description) states that project valued component. The proposed bridge height and the high Description and activities will occur "primarily" within the sediment loads in the Fraser, which limit Key Areas of Highway 99 ROW and that effects can be The Application considers the potential effect of all light penetration, are such that shadowing Study, reviewed avoided or mitigated. What about project Project activities whether within or outside of highway effects on fish or fish habitat would not in context of activities outside the ROW. right-of-way and identifies mitigation, where required, occur. Similar bridges on the lower Fraser dAIR as well as on this basis. River, including Golden Ears, Port Mann and

139 City of Comments Fish and Fish Identify habitat compensation as part of Opportunities for habitat offsetting and City seeking identification of net gain for habitat Opportunities for habitat offsetting and Richmond submitted on Habitat ; long-term benefit post-construction. enhancement will be identified in the Application. compensation and offsetting. enhancement will be identified in the Project Amphibians Benefits to fish and fish habitat, over and above Application. Benefits to fish and fish habitat, Description and addressing project-related effects, will be noted in the over and above addressing project-related Key Areas of Application. effects, will be noted in the Application. Study, reviewed in context of dAIR as well as the Project Description

140 City of Comments Vegetation Potential effects need to be expanded to Potential Project-related effects on vegetation, Measures to mitigate potential Project- Richmond submitted on specify that there will be project-related particularly, at-risk plants and plant communities, are This City comment is specific to understanding related effects on vegetation, including but Project impacts on trees and shrubs within the being assessed, and will be described in the how this project will mitigate and compensate for not limited to species at risk, will be Description and ROW/ corridor. The ROW and highway Application. shrubs and trees, not simply those shrubs and trees described in the Application. Vegetation Key Areas of expansion includes areas that are not just related to at risk plants and plant communities. that the Proponent establishes within the Study, reviewed grassy, but also contain trees and shrubs. right-of-way of the highway will be in context of supportive of the operational requirements dAIR as well as and the existing land use within the right-of- the Project way. Description

141 City of Comments Vegetation The compensation for tree removals be Measures to mitigate potential Project-related Please incorporate City’s policy for 2:1 tree Mitigation for Project-related effects on Richmond submitted on provided at a minimum of 2 to 1 in keeping effects on vegetation, including offsetting or replacement ratio. Inclusion of tree and shrub vegetation, within the Project area, will be Project with Council Policy for tree replacements. enhancement will be described in the Application. The losses and compensatory planning is requested. influenced by a number of factors including Description and Proponent will consider specific opportunities for operational requirements. Where practical, Key Areas of vegetation enhancements during the detailed design the Proponent will work in a manner that Study, reviewed stage. respects the intent of, but is not limited by, in context of the City of Richmond’s tree replacement dAIR as well as policy. As discussed with the City of the Project Richmond in the past, mitigation that is Description proposed to address potential effects on vegetation and habitat will seek to provide a net benefit in terms of ecological function. As per the City of Richmond’s policy, a QEP will oversee the process of documenting existing and future conditions in order to demonstrate that net benefits has been achieved.

143 City of Comments Terrestrial In addition to the focal species identified The Proponent has included terrestrial wildlife as a Richmond submitted on Wildlife in the Key Areas of Study/ Valued valued component with the following subcomponents: No further comment. ------Project Components, there needs to be full Description and spectrum analysis of the current species • Upland birds (generally passerines and raptors) Key Areas of utilization within the project footprint as • Riparian birds (generally waterfowl, waders and Study, reviewed part of the Environmental Assessment. For shorebirds) in context of example, the City requests an evaluation of, • Small mammals dAIR as well as including, but not limited to: the Project -impact of Passerine birds Surveys of these subcomponents included point count Description -impact on perch opportunities for raptors surveys for passerines, and encounter transect surveys -impact on avian movements along the for raptors and herons along the Highway 99 corridor. corridor and along the river (i.e.: flight The riverine (included under the riparian patterns of kingfisher along the river through subcomponent) bird surveys included night-time and bridge) day-time surveys of bird transit along the Fraser River. -impact on connectivity between Nature Park West and East The surveys were conducted consistent with - impact of nesting birds that use low-lying provincially-recommended survey methods for the shrubs along Highway 99 (in addition to group (or species), and details will be included within raptors) the Application. 144 City of Comments Air Quality Potential effects should account for For the air quality assessment, the Proponent has The conservative traffic forecast should assume The projected traffic volumes utilized in Richmond submitted on increases/ induced traffic that outweigh any taken a conservative approach to traffic forecasting an un-tolled crossing. The LAA should be extended the air quality assessment are based on the Project improvements gained by a decrease in idling. that reflects the higher range of traffic that could be to include Oak Street-70th Avenue to assess any assumption of an un-tolled crossing. Description and anticipated over the planning horizon. This ensured potential queuing at the approaches to the Oak Key Areas of that the assessment considers any potential effects Street Bridge The dAIR is being revised to recognize and Study, reviewed related to variances in projected volumes. assess traffic as an Intermediate Component in context of (IC). The revised dAIR will describe the dAIR as well as methodology for assessing project related the Project changes in traffic that support the Description assessment of other ICs and VCS.

The LAA for the traffic IC includes the physical extent of works associated with the Project and therefor does not include Alex Fraser Bridge, Oak Street Bridge, Knight

In addition to being beyond the area where physical Project works are being undertaken, future traffic conditions at Oak Street are influenced by are large number of factors including forecasted growth in traffic associated with increases in population and employment growth in the region. While the Application will present information on future trends in traffic at Oak Street, changes to the (existing) Highway 99 corridor are considered to have a negligible influence on traffic conditions at Oak Street Bridge in the future. As such, future changes in traffic at Oak Street are not assessed as a potential effect of the Project.

Traffic as an IC has been added as Section 5.1 of the dAIR.

145 City of Comments Air Quality Given Metro Vancouver has regulatory The Proponent has met with Metro Vancouver on Richmond submitted on authority over air quality on the region; several occasions to review the air quality assessment No further comment. ------Project assume that Metro Vancouver will frame methodology proposed for the Project. Metro Description and detailed issues relating to air quality Vancouver has reviewed and provided comments, Key Areas of associated with this project. which have subsequently been incorporated into the Study, reviewed assessment. in context of dAIR as well as the Project Description

146 City of Comments Land Use; Address adjacent land uses north of The assessment of the land use valued component The Land Use LAA should be extended to include Richmond submitted on Water Use Westminster Hwy to Bridgeport Road (e.g., (VC) in the Application will consider potential project Oak Street-70th Avenue to assess any potential The dAIR is being revised to recognize and Project commercial areas near Shell Road/ Cambie related effects along the Project alignment and provide queuing at the approaches to the Oak Street assess traffic as an Intermediate Component Description and Road overpasses). an assessment of how the Project aligns with and Bridge. (IC). The revised dAIR will describe the Key Areas of supports the implementation of regional and local land methodology for assessing project related Study, reviewed use plans. changes in traffic that support the in context of assessment of other ICs and VCS.

Traffic as an IC has been added as Section 5.1 of the dAIR.

147 City of Comments Land Use; Re ALR land, need to differentiate Current agricultural use, viability, and agricultural The Project should achieve a net gain in Richmond submitted on Water Use between requiring viable ALR land that may capability will be considered in assessing potential agricultural use within each municipality as well as Information will be provided in the Project be actively farmed versus returning vacant Project-related effects on agricultural use, and for the entire project. Application to demonstrate how proposed Description and land that is in the ALR but not being farmed identifying strategies for achieving a net gain. The Project should achieve a net gain in all mitigation and enhancements, with respect Key Areas of (i.e., not an even swap that equals a "no net environmental features (e.g., RMAs, ESAs) not just to agricultural values associated with the Study, reviewed loss"). agricultural land. Project, meet the requirements of the in context of Agricultural Land Commission. dAIR as well as the Project The Application will identify opportunities Description for realizing net gains for specific VCs where such gains are achievable.

Section 1.1 of the dAIR has been updated to include confirmation that construction traffic management will be discussed in the Application. 149 City of Comments Land Use; In addition to Environmentally Sensitive Noted. The Application considers land uses within Richmond submitted on Water Use Areas, in Richmond Riparian Management the local and regional assessment areas, including No further comment. ------Project Areas are also a significant land use in the those established within local Official Community Plans. Description and Highway 99 ROW, on both the east and west Key Areas of sides of the highway, as designated within Study, reviewed the Official Community Plan of Richmond. in context of dAIR as well as the Project Description

150 City of Comments Land and Staff reinforces the request that the The Project supports flood protection by increasing Richmond submitted on Water Use; bridge and roadway improvements support both the strength and height of the existing dike along The City requests further discussion and The Proponent is committed to Project Highway the City's Mid Island Dike concept. the Fraser River within the Project alignment. consideration for the Mid Island Dike concept or undertaking further discussion on the Mid Description and Improvements features as part of the Hwy 99 improvements. Island Dike concept or features with the City. Key Areas of and The City's Mid Island Dike concept, entailing raising Study, reviewed Installations of Highway 99 through the entire segment north of the As noted previously, raising Highway 99 in context of New tunnel, was reviewed. It was determined that this north of the Tunnel is not contemplated as dAIR as well as Structures would result in significant impacts on adjacent lands, part of this Project. the Project costs and other infrastructure. Description 151 City of Comments Visual Quality Changes in views to be studied need to be The Project will introduce a new feature to the Richmond submitted on expanded beyond the bridge to include the landscape through the construction of the new bridge, The proposed multi-level interchange at Anticipated change in visual quality Project new interchanges, and the new transit ramp which has the potential to change local and regional Steveston Highway is not consistent with resulting from the proposed upgrades to Description and at Bridgeport. Indicate visual impact of the visual conditions. A visual quality assessment will be infrastructure currently in place throughout the Steveston Interchange will be discussed in Key Areas of BC Hydro transmission line. undertaken to evaluate the potential effects of these Highway 99 corridor and should be included as part Section 5.5 (Visual Quality) of the Study, reviewed changes. This assessment focuses on changes in visual of the visual quality analysis. Application.

New interchanges and ramps are consistent with infrastructure currently in place throughout Highway 99, and are features that align with the presence and use of a primary transportation corridor. 152 City of Comments Visual Quality Visual assessment of the overall project, The Proponent will be preparing a rendering of the Parks presumes the response means multiple The rendering will be a digital model that Richmond submitted on not just the bridge E.G. Steveston overall Project including interchange concepts and will renderings will be provided from several is capable of being viewed from a number of Project Interchange given it will likely be a 4 tiered arrange further discussion with the City once complete. viewpoints in Richmond, not just of the bridge. viewpoints. Description and system versus the current 2 tier system. Key Areas of Study, reviewed in context of dAIR as well as the Project Description

153 City of Comments Visual Quality As part of the studies, include evaluation Lighting requirements for the new bridge will be in Lighting requirements and standards should As noted in the dAIR, anticipated Richmond submitted on of the visual effects of lighting and potential accordance with applicable highway and bridge design include consideration of light pollution effects on interactions between Project activities and Project light pollution emitting from the bridge, codes. Dark sky compliant lighting, designed to wildlife and birds, adjacent properties and land terrestrial wildlife that will be considered in Description and especially during nighttime hours. illuminate the running surface and minimize light uses, and appropriate mitigation measures. the Application will include potential Key Areas of trespass will be used. disturbance due to an increase in ambient Study, reviewed noise and light during construction and in context of The Application will include discussion on the visual operation. dAIR as well as effects of the new bridge. the Project Lighting requirements for the new bridge Description are governed by bridge design standards for safe operations. Dark sky compliant lighting, designed to illuminate the running surface and minimize light trespass will be used.

154 City of Comments Heritage Evaluate the merit of the tunnel as well as The Proponent recognizes the historical contribution No further comment. Note: Richmond submitted on potential in situ resources. of the Highway 99 corridor and the George Massey The study on the history of the Highway Project Tunnel. The Proponent is developing a strategy to 99 corridor will be available to the technical Description and acknowledge the Tunnel as an engineering success and Working Group during the Application Key Areas of its role in the area. Review period. Study, reviewed in context of Section 1.1 of the dAIR has been updated to indicate a dAIR as well as study of the history of the Tunnel will be undertaken the Project and an overview included in the Application. Description

156 Tsleil- General Tsleil-Waututh First Nation requires that The Aboriginal Consultation Plan acknowledges that Tsleil-Waututh Nation provided no further ------Waututh appropriate sections of the dAIR adequate information-sharing is one threshold within comment. Nation acknowledge that adequate information- the broader consultation process. This understanding sharing is one threshold within the broader will be brought forward in the Consultation Reports consultation process, and is therefore and the Application. distinct from consultation on its own accord. This should then be carried forward into the Consultation Plans and Reports. 157 Tsleil- General Tsleil-Waututh First Nation requests a full The Proponent is working with the B.C Tsleil-Waututh Nation provided no further ------Waututh evaluation on impacts to ecological services Environmental Assessment Office, and members of the comment. Nation for all ecosystems within the vicinity of the Technical Working Group, to ensure that the Project. This could be in the form of a methodology used to support the assessment of separate study compiling information from environmental values is consistent with current best EA technical reports and cumulative effects. practice and guidance materials that support the assessment of projects under the B.C Environmental Assessment Act.

158 Tsleil- General Tsleil-Waututh First Nation requires that a The Proponent will assess the potential for the Tsleil-Waututh Nation provided no further ------Waututh comprehensive approach to sustainability be Project to interact with the environment, the nature of comment. Nation incorporated into the Application. This such interactions, and where appropriate, propose means that mitigation measures are mitigation strategies to avoid or minimize potential complemented with identification of adverse effects. Opportunities for net gain following environmental, social, and economic applied mitigation will be identified as benefits where benefits of the project where possible. possible. With respect to incorporating a sustainability Where applicable, it would be helpful to framework into the Application, the Ministry supports have the project benefits framed within the that the five pillars (environment, social, health, Provincial and Federal climate change economy, and heritage) considered in the EAO process targets. meets this objective.

161 Tsleil- General It is important that suicide prevention The Proponent recognizes the importance of Tsleil-Waututh Nation provided no further ------Waututh measures be given serious consideration in deterrent measures and is committed to including comment. Nation this project. Tsleil-Waututh First Nation feels security fencing as part of the design of the new bridge. that a mixed-methods approach, as The Proponent will work with Tsleil-Waututh to explore suggested by the Proponent, combining hard other measures that may complement the provision of infrastructure (i.e. barriers) and supporting standard safety measures. programming, art installations or otherwise, be pursued. Hard infrastructure is not sufficient on its own. We would like to work with the Proponent to explore options in this regard. 162 Tsleil- Section 3.10 Cumulative Tsleil-Waututh First Nation does not agree The methodology proposed for determining residual Tsleil-Waututh Nation provided no further ------Waututh (Cumulative Effects with the cumulative effects assessment Project effects and subsequent cumulative effects comment. Nation Effects Assessment method that considers only residual effects assessment is based on the EAO’s Guideline for the Assessment) of the project that have the potential to Selection of Valued Components and Assessment of interact with other projects and activities as Potential Effects and includes past, present and scoped by the EA. Tsleil-Waututh First reasonably foreseeable projects. Nation assesses cumulative effects from a holistic perspective, inclusive of past (pre- contact baseline), present and future The Proponent will review the cumulative effects impacts on its members, culture, economy, methodology at the scheduled Technical Working and the environment from all projects across Group meeting in March. the territory.

Tsleil-Waututh First Nation requests that all effects, including those generated by migratory and adaptive measures, be included in the cumulative effects

163 Tsleil- Section 4.2 Sediment and We are concerned about increased storm Bio-filtration marshes have been included in the Tsleil-Waututh Nation provided no further ------Waututh (Sediment and Water Quality water runoff into the Fraser River, Project design for effective treatment of storm water comment. Nation Water Quality) surrounding tributaries, sloughs, and from the bridge and approaches. channels. We expect innovative storm water The Highway 99 corridor uses low gradient ditches to solutions to be designed that will result in no manage storm water. Grass verges between the runoff directly entering the Fraser River or pavement and the drainage ditches will continue to adjacent sloughs from the bridge. provide effective bio filtration of road runoff along the Bioengineering techniques on land will be corridor. encouraged to accommodate an increase in Opportunities for net gain following applied surface storm water runoff and natural mitigation will be identified as benefits where possible. water storage. Tsleil-Waututh First Nation requires achieving a “net gain” in water Section 1.1 of the dAIR has been refined to indicate quality through project development. that Project-related benefits to the environment will be discussed in the Application.

164 Tsleil- Section 4.2 Sediment and Tsleil-Waututh First Nation will require a Sediment generation and quality issues will be Tsleil-Waututh Nation provided no further ------Waututh (Sediment and Water Quality comprehensive understanding of the considered as part of the assessment of potential comment. Nation Water Quality) potential ecological impacts of effects of the Project. An assessment of potential sedimentation as a result of the project. We effects associated with re-suspension of sediments request confirmation of the depth of through Project-related activities will be included in the sediment grabs to date. If this depth is not Application. Information on the sampling techniques sufficient for Tsleil-Waututh First Nation, we used to support the collection of sediment samples, will require core sampling methods. including the depth of material sampled, will be provided in the Application. 165 Tsleil- Section 4.4 (Fish Fish and Fish Fish and aquatic habitats have been Potential project related effects regarding fish and Tsleil-Waututh Nation provided no further ------Waututh and Fish Habitat significantly degraded or lost in the Lower aquatic habitat will be mitigated and offsetting comment. Nation Habitat) Fraser due to filling and dykes. It is therefore identified where effects cannot be avoided. In even more important to protect the addition, the Proponent has proposed the restoration ecological integrity of the remaining habitats of Green Slough to its historic alignment resulting in – whether or not they are considered highly enhanced habitat. productive habitat. Tsleil-Waututh First Nation will not support further losses or compromise of slough, marsh or estuarine habitat in the Lower Fraser. 166 Tsleil- Section 4.4 (Fish Fish and Fish Tsleil-Waututh First Nation requests that Aquatic habitats, which include habitat for fish and Tsleil-Waututh Nation provided no further ------Waututh and Fish Habitat disturbance to benthic and aquatic other aquatic species (including benthic and aquatic comment. Nation Habitat) invertebrates and their habitat is invertebrates), will be a primary area of focus for the reconsidered and included in the EA. We environmental assessment of the Project. have Aboriginal interests in this component. Potential disturbance to benthic and aquatic

Rationale for exclusion of benthic and aquatic invertebrates as a VC will be provided in the Application.

Section 3.1 of the dAIR has been updated to reflect this. 167 Tsleil- Section 4.5 (At- At-risk Tsleil-Waututh First Nation requests that Potential effects of Project-related changes in Tsleil-Waututh Nation provided no further Note: Waututh risk amphibians) amphibians atmospheric noise is also studied to support atmospheric noise on wildlife, including amphibians, comment. The dAIR has been revised to include and to Nation the assessment of at-risk amphibians in the are being reviewed as part of the environmental assess traffic as an Intermediate Component EA. Atmospheric noise from such activities as assessment for the Project. which will support the assessment of construction and traffic can adversely affect atmospheric noise, air quality, human wildlife and interfere with frog calls. health, land use, and terrestrial wildlife. The assessment of traffic will include a consideration of changes in traffic during the construction, including Tunnel decommissioning, and operational phases of the Project.

Traffic as an IC has been added as Section 5.1 of the dAIR.

168 Tsleil- Section 4.6 Marine Tsleil-Waututh First Nation requests that The Project is not anticipated to affect southern Tsleil-Waututh Nation provided no further ------Waututh (Marine Mammals potential effects on southern resident killer resident killer whales (SRKW). Based on the results of comment. Nation Mammals) whales (SRKWs) is reconsidered and included underwater noise modelling completed to date, in the EA. SRKWs are of high significance to underwater noise generated by Project-related Tsleil-Waututh First Nation and other activities is not predicted to extend outside of the Aboriginal groups. Critical habitat for SRKWs Fraser River, and therefore will not affect SRKW. In is less than 10 km from the Project footprint, addition, studies completed to date also indicate that and they are an endangered species under the Project is not expected to affect the population the federal Species at Risk Act. There are integrity of any fish sub-components in the Fraser River

169 Tsleil- Section 5.0 Economic We understand the Proponents rationale An overview of the how the Project is consistent with Tsleil-Waututh Nation provided no further Further clarification as requested by EAO: Waututh (Socio-economic Effects for not including an economic effects municipal land use plans and designations, as well as, comment. Nation Effects Assessment assessment and will be reviewing the municipal and regional growth strategies will be Information on economic benefits, including Assessment) business case, tax revenue analysis, related included in the Application. tax revenue generated as result of the employment forecasts, and relevant Project and direct and indirect employment components of the Land Use section. Section 5.3 of the dAIR has been updated to forecasts, will included in the Project indicate that an overview of consistency with benefits section which is presented in Part A We understand that a forthcoming study will municipal and regional land use plans as they relate to of the Application. look at municipal and regional land use plans the Project will be included in the Application.

as they relate to the project. We request a copy of this study for review and comment. 170 Tsleil- Section 6.0 Heritage Tsleil-Waututh First Nation understands The Proponent has undertaken a Heritage Resources Tsleil-Waututh Nation provided no further ------Waututh (Heritage that a detailed heritage study will be Assessment and provided a copy to the Tsleil-Waututh comment. Nation Effects completed as part of the EA. We intend to for review and comment. Intangible heritage resources Assessment) review and incorporate strategies for will be assessed in Part C of the Application; to the protecting our tangible and intangible extent information relating to intangible heritage cultural heritage sites. The dAIR should be resources is made available by Tsleil-Waututh. amended to allow for this process.

171 Tsleil- Section 7.0 Health Tsleil-Waututh First Nation finds the The Proponent understands that health assessments Tsleil-Waututh Nation provided no further Further clarification as requested by EAO: Waututh (Health Effects parameters of the health assessment to be may consider a broad range of determinants of health, comment. The results of the health assessment will Nation Assessment) inadequate. The social determinants of including socio-economic determinants of and that the be considered in Part C in relation to health in the EA, such as quality of life and scope of a specific health assessment is defined by the potential Project related effects on well-being and cultural health must be nature of activities and conditions associated with the Aboriginal Interests in Section 10.1.3 or on included in the Project Description, AIR, and proposed project. other matters of concern in Section 10.2, as in the EA. Cultural health is of unique appropriate. importance to Tsleil-Waututh First Nation as The environmental assessment that is being . an Aboriginal group. We have provided the undertaken for the Project is being scoped to include a Proponent with a potential methodology for consideration of how environmental, social, economic, this process and will work with the heritage and health conditions may change as a result Proponent to incorporate it adequately. of the proposed Project. This is consistent with guidance provided by the BC Environmental Assessment Office.

In addition, the Proponent is working with Vancouver Coastal Health and Fraser Health with respect to ensuring that the Environmental Assessment includes a broad consideration of health aspects of the

The Proponent will review and discuss the potential methodology with Tsleil-Waututh.

The dAIR has been revised to indicate that Section 7.0 (Health) of Part B of the Application will include a summary of the results of a health impact assessment that considers potential impacts of the Project on broader determinants of human health and includes a recognition of health considerations that are specific to Aboriginal populations. 172 Tsleil- Section 10.0 Aboriginal The introduction to this section for all The Proponent has worked with Aboriginal Groups in Tsleil-Waututh Nation provided no further ------Waututh (Aboriginal Consultation Aboriginal Groups should include a pre- the development of an Aboriginal Consultation Plan to comment. Nation Consultation) amble discussing what meaningful define and subsequently, support meaningful consultation is, and the metrics used to consultation. Part C of the Application will include a monitor and evaluate it. summary of content outlined in the Aboriginal Consultation Plan, including how it is monitored and evaluated. 173 Tsleil- Section 10.0 Aboriginal Tsleil-Watututh requests that that all The Proponent will provide both quantitative and Tsleil-Waututh Nation provided no further ------Waututh (Aboriginal Consultation consultation summaries in this section qualitative information in this section when comment. Nation Consultation) present a practical balance of quantitative summarizing consultation. and qualitative information and that the dAIR specify this. Section 10.3 of the dAIR has been refined to provide confirmation that the consultation summaries presented in the Application will include both quantitative and qualitative information. 174 Tsleil- Section 10.0 Aboriginal The Issue Summary Table should be The Aboriginal Consultation Report will include a Tsleil-Waututh Nation provided no further ------Waututh (Aboriginal Consultation accompanied by issue resolution framework summary table indicating the status of identified issues. comment. Nation Consultation) that can be applied to all Aboriginal Group The table will also outline the process by which the concerns if and when necessary. Proponent will address outstanding issues.

175 Corporation Section 4.7 Vegetation Will the impacts from reduced natural Lighting requirements for the new bridge will be in Corporation of Delta provided no further Further clarification as requested by EAO: of Delta (Vegetation) lighting on landscaped areas under the accordance with applicable highway and bridge design comment. The proposed bridge height and the high bridge be assessed? codes. Dark sky compliant lighting, designed to sediment loads in the Fraser, which limit illuminate the running surface and minimize light light penetration, are such that shadowing trespass, will be used. effects on fish or fish habitat would not occur. Similar bridges on the lower Fraser The effects of shadowing from the new bridge will be River, including Golden Ears, Port Mann and assessed in the land use section of the Application. Alex Fraser bridge, are not considered to have cause shadowing effects.

178 Corporation Section 3.10 Cumulative The cumulative effects from projects The potential for residual effects of other projects, to Corporation of Delta provided no further Further clarification as requested by EAO: of Delta (Cumulative Effects from the Gateway Transportation interact with those of the George Massey Tunnel comment. Influence of projects and activities that Effects Assessment Collaboration Forum, the Deltaport Terminal Replacement Project will be reviewed, and the nature have already been built/conducted, Assessment) Road and Rail Improvement Program and of such interaction will be discussed in the Application. including DeltaPort, BC Ferries Terminal, future development such as the Boundary The list of other projects and activities to be considered YVR, and Boundary Bay Airport has been Bay Airport Industrial Development should in the cumulative effects assessment will be updated to considered in the assessment of baseline be included in the assessment; include additional projects as appropriate. conditions of each VC; these projects have, therefore, not been included in the list of The Proponent will review the cumulative effects current projects and activities to be included methodology at the next Technical Working Group in the cumulative effects assessment. meeting. Reasonably foreseeable future projects with potential residual effects that could interact with those of the Project will be included in the cumulative effects assessment. ------179 Corporation Emergency • Routine emergency management Seismic and emergency-response capabilities have Corporation of Delta provided no further Further clarification as requested by EAO: of Delta Management including Fire, Police, and Ambulance for been key considerations in Project planning and comment. The Application will include a discussion of vehicle accidents etc. needs to be addressed; development. The new bridge will be built to current potential accidents and malfunctions that It is not clear where this is included in the seismic standards, and the Project will provide may occur during Project construction, dAIR. additional capacity and features, such as median including Tunnel decommissioning, and • How will access be maintained during all turnarounds for emergency vehicles, to facilitate timely operation as outlined in Section 8.0 of the phases of construction, both for workers and response to incidents. Further details will be provided dAIR. commuters / travellers? in the Application. • For a major flood event will there be any potential critical times during construction The Application will include information describing that there may be higher vulnerabilities? For how traffic management during construction will be example could a major flood event erode undertaken, including requirements for specific banks and expose piers? Could a major technical plans, performance objectives and storm with high wind and storm surge affect communication requirements that will be established

183 Kwantlen Section 3.10 Cumulative SQ do not feel that the methodologies The methodology proposed for determining residual Kwantlen First Nation provided no further ------First Nation (Cumulative Effects proposed for assessing cumulative effects Project effects and subsequent cumulative effects comment. Effects will be effective at adequately addressing assessment is based on the EAO’s Guideline for the Assessment) negative impacts. We feel that the scope is Selection of Valued Components and Assessment of too narrow and that only comparing the Potential Effects. Following this methodology, project residual effects among existing and focused cumulative effects assessments are not proposed projects is insufficient. We undertaken in cases where project related effects are propose that in addition to a study of fully mitigated. residual effects, that there is also a more holistic method that looks at how increased The discussion of existing conditions for relevant VCs development along the Fraser has affected will include a general consideration of how existing habitat, fish stocks, wildlife, and how this has conditions for specific VCs have been influenced by impacted Indigenous peoples along the past human activities including development. lower Fraser River. The Proponent will review the cumulative effects methodology at the next Technical Working Group meeting. 184 Kwantlen General SQ is concerned at the lack of leadership In consideration of conservation and protection of Kwantlen First Nation provided no further ------First Nation for conservation and protection of the Fraser the Fraser River, the Proponent has proposed a Project comment. River. As mentioned at previous meetings, that includes a number of measures to avoid effects on we ask the Province to initiate a study that the Fraser River and, where possible enhance existing allows for a better understanding of the values. These include: minimizing in-river works by whole ecosystem of the lower Fraser River including a clear span bridge in the design; realignment that will lead to a plan that conserves and of Green Slough to its historic channel; treatment of

Section 1.1 of the dAIR has been refined to indicate that Project-related benefits to the environment will be discussed in the Application.

185 Kwantlen Section 10.0 Aboriginal As mentioned in meetings, SQ is As specifically outlined in the GMT Aboriginal Kwantlen First Nation provided no further ------First Nation (Aboriginal Consultation interested in opportunities to collaborate on Consultation Plan, the Proponent has committed to comment. Consultation) archaeology work, environmental meet with Kwantlen First Nation and other Aboriginal monitoring, and construction tenders Groups regarding opportunities related to related to the project and would like to be employment, training and contracting. At the request kept up to date on any information related of Kwantlen First Nation and other Aboriginal Groups, to these opportunities. the Proponent has initiated these discussions and will continue discussions regarding Project-related opportunities throughout the Environmental Assessment process. 186 TransLink Section 4.9 (Air Air Quality Request including the assessment of Predicted greenhouse gas emissions associated with -DAIR notes: “An evaluation of potential Project- Quality) change in greenhouse gas emissions, VKT's, the proposed Project will be discussed in the related change in greenhouse gas (GHG) emissions 1) The assessment will not include GHGs and mode share in the DAIR. Quantifying assessment of the air quality intermediate component will also be included.” Would appreciate the from embedded energy. these metrics will allow TransLink to respond (IC). The dAIR will be revised to reflect this. clarification in the dAIR as to whether this 2) The GHGs will be estimated for the area to its legislated mandate and provide The Application will also provide for a consideration evaluation will also include GHGs from embedded along the highway and assessed in the information to assess the project's impacts of how the proposed Project supports implementation energy in the project. context of regional emissions. on identified air quality and human health of the Regional Transportation Strategy including -DAIR notes “Potential; Project-related change in 3) Traffic has been added as an valued components. contributing to progress against key metrics identified traffic emissions along the highway during Intermediate Component in the dAIR. The in the RTS. operation”. Rather than a geographic scope limited assessment of traffic as an IC will be Greenhouse gas emissions change should The baseline, construction, and operational phases to the area along the highway, suggest GHGs be supported by anticipated changes in key consider traffic impacts during construction, will be addressed in the air quality assessment. The calculated for the region, per typical practice for metrics including VKT and mode share. embedded energy in the project, and Proponent will continue discussions on the air quality similar scale transportation projects. response of travellers once the project is assessment with TransLink and other members of the - Reiterate our previous request for the DAIR to Traffic as an IC has been added as Section operational, similar to the assessment of Working Group. include the assessment in the changes in vehicle 5.1 of the dAIR. other regional transportation projects. kilometres travelled (VKTs) and mode share, as Section 4.9 of the dAIR has been updated to include these metrics (in addition to GHGs) are confirmation that potential Project related changes in fundamental RTS headline targets, and will allow us GHG emissions will be discussed in the Application to respond to our legislated mandate as discussed under the air quality effects assessment. above.

189 TransLink Section 1.0 Transit One needed transit element previously The Proponent is continuing to work with TransLink We appreciate the work that the proponent has Noted. (Overview) identified to the Proponent, but not yet to explore transit access at Highway 17A. It is not undertaken to date to address this connection, and reflected in the Project Description and Key expected that the Project’s footprint represented in the we look forward to reviewing revised designs that Areas of Study, is a direct ramp to allow dAIR assessment areas will be affected. will accommodate this transit movement. buses to exit and enter the median transit/ HOV lanes to and from Highway 17A. Without such access, bus services to and from Ladner, Tsawwassen, and the BC Ferries terminal cannot utilize the transit/ HOV lanes. This bi-directional access remains an important issue and we look forward to

Section 5.2 of the dAIR has been revised. 195 Transport Section 5.2 Marine Use The “Marine Act” is missing “Canada” in The Marine Act has been replaced with Canada No further comment ------Canada - (Marine Use) its name. Marine Act in the dAIR. Navigation Protection The Canada Shipping Act also applies to The Canada Shipping Act has been added to the list of Program management of marine use in BC. applicable legislation under Section 5.1.2 of the dAIR, and considered in the Application.

Section 5.1.2 of the dAIR has been updated accordingly. 196 Transport Section 5.2 Marine Use There may be temporary or permanent Noted. No further comment ------Canada - (Marine Use) effects on private and/or public Aids to The Proponent is currently in discussions with Navigation Navigation, pursuant to the Canada Shipping Canadian Coast Guard regarding potential Project- Protection Act. Proponent is advised to consult with related effects on Aids to Navigation. Program the Coast Guard, Marine Navigation Services. 197 Transport Section 8.0 Accidents and Additional potential categories of Section 8.0 of the dAIR has been updated to include No further comment ------Canada - (Accidents and Malfunctions accidents and malfunctions include collisions marine vehicle collision and unintended obstruction to Navigation Malfunctions) between vessels and/or equipment related navigation, and these potential scenarios will be Protection to construction and unintended obstruction considered in the Application. Program to navigation (example: loss of bridge deck section in river). Section 8.0 of the dAIR has been updated accordingly.

198 Transport Section 12.0 Marine Will the Marine Construction Plan include A Marine Communications Plan is proposed as a No further comment ------Canada - (Monitoring & Construction a Marine Communications Plan as a sub- stand-alone component of the broader Marine Navigation Follow-up Plan component, or will this be added as a Construction Plan. Protection Programs) separate management plan on the list? A Program Marine Communications Plan is likely to be a The Marine Communications Plan will be developed in requirement of any NPA authorizations a manner that meets NPA authorization requirements issued during the permitting phase.

The Project contemplates leaving the two end sections of the Tunnel in place. This enhances the integrity of dike infrastructure while minimizing effects on fish, wildlife, and the shoreline.

201 City of General In general, studies to be undertaken to Findings from past studies associated with other Richmond support the assessment of the VCs should be relevant projects will be reviewed and appropriate Request clarification on the calculation of a ‘small’ Information on how drainage requirements complemented with data from a suite of information based on this review incorporated into the incremental increase in stormwater run-off, and for the Project will be addressed, including other VC studies recently undertaken to Application. how this conclusion was determined. The City performance objectives guiding design, will support other EA applications for major expects a background drainage study, stormwater be included in Part A of the Application infrastructure projects along the Fraser modelling, and associated data to support the which includes a more detailed description River, as well as local projects such as the project. The City requests review of any drainage of the key elements of the Project including Hwy 99 Shoulder Bus Lane expansion. Data studies to date and associated results. Studies drainage. The final design of drainage from these other studies should be should include a review of existing and future infrastructure, will take into account all identified and integrated where appropriate, impervious area calculation and an approach for information that is available to describe to expand on the breadth of information improvements for associated stormwater impacts. existing and future drainage demands. The studied and analyzed as part of the George Proponent has sufficient information on the Massey Tunnel EA application. amount of run-off that will be generated

202 City of General In the event that there is increased shipping, The Tunnel is being replaced to improve safety, relieve Richmond would this be addressed through the Valued congestion, accommodate future traffic growth, The City reiterates that additional dredging to Dredging to deepen the river and/or to Component studies. support transit and offer better access for transit, facilitate increased shipping is a reasonably facilitate increased shipping is not a cyclists, and pedestrians. The new bridge will have a foreseeable activity as a consequence of the component of this Project. vertical clearance similar to that of the Alex Fraser decommissioning of the tunnel and should be Bridge. Once the new bridge is operational, the Tunnel addressed through the Valued Component studies will be decommissioned. and residual effects aspect of the EA.

Currently, Other factors, including the Metro Vancouver water main to the west of the Tunnel, other utility crossings, and the width of the river itself, limit the size of vessels that can navigate the river.

203 City of Section 3.0 General/ Last bullet- the City has the following Local interests are considered in the assessment of Richmond (Assessment Mitigation priorities pertaining to natural areas: valued components. Measures to mitigate potential City requests a minimum of a 3rd Working Group The EAO has scheduled and undertaken a Methodology) Measures - Richmond City Council resolutions seek a Project-related effects on vegetation, including meeting in order to better understand how this joint meeting with the City of Richmond and net gain approach to the City's Riparian compensation or enhancement, as appropriate, will be response addresses City interests related to a net the Proponent to discuss specific comments Management Areas and environmentally described in the Application. Environmental gain of environmental values. and concerns and the Proponent continues sensitive areas within the project footprint. enhancement opportunities will be developed further to meet bi-weekly with the City. -The City's Ecological Network Management during subsequent design stages. Strategy emphasizes the City's desire to manage, enhance, and protect our ecological assets. This includes the City's designated ESAs, RMAs and natural areas outside of designated areas. Protection and mitigation of impacts to natural areas is the desired approach. Where mitigation measures are not feasible, the City requests comprehensive compensation measures/ plans to be in place, particularly pertaining to the ESA, RMA and other valued habitat and trees impacted by project activities.

The assessment of traffic, as described in the revised dAIR, does consider changes in traffic conditions where there is a direct connection between the physical works of the Project and a local or regional road. The assessment of traffic will also assess changes in mode share.

Traffic as an IC has been added as Section 5.1 of the dAIR.

205 City of Section 3.1 Issues Scoping The studies to be undertaken to support the Background research on wildlife values that could exist City staff have not seen this level of species The Application will include considerably Richmond (Issues Scoping and Selection assessment of the VCs needs to include an in the corridor, and be potentially affected by the coverage reflected in the dAIR and VC more detail, with respect to summarizing and Selection of of Valued analysis of the current species utilization Project, was comprehensive and considered the full documentation. background research undertaken to support Valued Components within the project footprint. Expand analysis spectrum of species that could be present based on the rationale for the scope of the Components) beyond at-risk species and other species that historical records and scientific literature. While the assessment, and demonstrate that the are focussed in the dair, but the full assessment focuses on specific VCs, the diversity of species focused on in the assessment are spectrum of species present. wildlife and vegetation VCs proposed addresses the appropriate. utilization of habitat in the Project corridor by the broad range of species.

208 City of Section 3.6 Characterizati Geographic Extent- in light of request for The RAAs for VCs are established in part to provide No further comment. ------Richmond (Characterizatio on of Residual cumulative effects analysis (comment on context for the assessment of cumulative effects. n of Residual Effects Section 3.10)-suggest Regional Assessment Other regional infrastructure projects, where Effects) Areas analysis also take into consideration appropriate, will be added to the list of projects, other major infrastructure projects ongoing currently in the dAIR, that will be used to support the in the region. cumulative effects assessment.

The list provided will be updated to include additional projects as appropriate, based on input received from the technical working group, prior to finalizing the dAIR. 209 City of Section 3.10 Cumulative Additional dredging beyond maintenance Dredging is a Port of Vancouver responsibility. The Richmond (Cumulative Effects dredging should be identified as a Proponent is not aware of any additional dredging The City reiterates that additional dredging is a For inclusion in the cumulative effects Effects Assessment reasonably foreseeable development/ plans beyond the regular maintenance dredging by Port reasonably foreseeable activity as a consequence assessment, projects must be either Assessment) activity of Vancouver. of the decommissioning of the tunnel and should proposed (public disclosure) or have been be included in the cumulative effects assessment. approved to be built and are likely to result For inclusion in the cumulative effects assessment, in environmental effects that overlap with projects must be either proposed (public disclosure) or the proposed Project. Additional dredging of have been approved to be built and are likely to result the river for any purpose beyond the regular in environmental effects that overlap with the maintenance program has not been proposed Project. proposed or approved and accordingly, is not included in the cumulative effects assessment.

211 City of Section 4.1 River Section 4.1.1 acknowledges the uncertainty Potential effects of Tunnel decommissioning on the ------Richmond (River Hydraulics and in the predictive capacity of the modelling. existing Metro Vancouver water main will be included No further comment. Hydraulics and Morphology Given that there is limited practical in the assessment of river hydraulics. Recognizing the Morphology) experience with tunnel removal from a river, limitations of modelling, and the dynamic nature of the the level of confidence of the residual effects Fraser River, a monitoring program will be established will be low. Accordingly, the scope of following tunnel decommissioning. The results of the mitigation measures should recognize this monitoring program will guide the application of greater uncertainty and the greater mitigation, if required, to ensure the integrity of the likelihood of residual effects. Include an existing infrastructure. assessment of the impact of tunnel removal on the Metro Vancouver water main. 212 City of Section 4.1 River For this analysis, request involvement of The Proponent has had initial discussions with City request for DFO to be participatory and active The Proponent would welcome DFO Richmond (River Hydraulics and Department of Fisheries and Oceans, as well Department of Fisheries and Oceans (DFO) on the in the Pre-Application stage and Application Review participation in all stages of the BCEAA Hydraulics and Morphology as agency with oversight for tunnel removal/ Project. Based on these discussions, DFO has indicated stage, particularly as Fish and Fish Habitat and review of the Project. Morphology) river geomorphology issues they will become more actively involved at the other associated VC’s regarding ecology and water permitting stage, in alignment with planning and quality are under assessment approach for Tunnel decommissioning.

215 City of Section 4.2 Sediment and As some of the greatest impacts will be at The assessment of potential project related effects No further comment. ------Richmond (Sediment and Water Quality the tunnel exit and entrances, potential associated with tunnel decommissioning assumes the Water Quality) effects include sediment transport along the removal of the four instream segments with the two foreshore. foreshore segments left in place. The Application will include an assessment of sediment transport associated with the Project under the applicable valued component (VC). 216 City of Section 4.2 Sediment and Provide an evaluation of the current hard The Proponent has considered the influence of The City expects a background drainage study, Information on how drainage requirements Richmond (Sediment and Water Quality surface area, additional hard surface areas additional impervious surface area on storm water stormwater modelling, and associated data to for the Project will be addressed, including Water Quality) to be constructed as part of this project, management requirements. Storm water management support the project. The City requests review of performance objectives guiding design, will estimated loss of impervious surface, and plans, and treatment measures, that take into account any drainage studies to date and associated results, be included in Part A of the Application

During detailed drainage design, the Proponent will ensure that shared drainage infrastructure can accommodate the needs of all users. To facilitate drainage design for the Project, existing data has been requested from the City of Richmond.

217 City of Section 4.2 Sediment and Legislation to be included The relevance/applicability of the BC Riparian Area No further comment. ------Richmond (Sediment and Water Quality - Provincial Riparian Areas Regulation (RAR) Regulations to the Project and related activities will be Water Quality) discussed in the Application.

218 City of Section 3.5 Mitigation In addition to management plans, also need The Application will include an assessment of potential No further comment. ------Richmond (Mitigation Measures compensation plans to be reference where project related effects on the environment, including Measures) (general) impacts to ecological habitat and vegetation habitat and vegetation. Specific off-setting or occur compensation opportunities will be identified in the Application with site specific plans to be developed during detailed design. 219 City of Section 4.3 Underwater Does the study boundary include impacts to To establish the Local Assessment Area, the Proponent No further comment ------Richmond (Underwater Noise marine mammals in Georgia Straight completed modeling of underwater noise, using the Noise) (comment form Working Group meeting) data collected from the sampling stations (within the Fraser River channel and Deas Slough), and that data was applied to determine how far under water noise may travel. Based on this analysis and the acoustic environment (e.g., riverbed sediment type, channel morphology) within the Fraser River South Arm, the distance from the Project within which marine mammals might hear underwater noise generated by construction activities was estimated.

The Application will outline the rationale for determining the assessment boundaries and measures to avoid or minimize disturbance to marine mammals.

Consistent with standard practices for EAs, all fish species are not directly assessed. The assessment of fish and fish habitat does however encompass a broad range of habitats that support a broad range of species. As such, potential effects to such habitats will be assessed in the Application and the mitigation proposed to address potential effects on the fish and fish habitat VC, and sub-components, would benefit the broader range of fish species that could occur in the Project area. Information on the presence of fish species, as identified through field studies, will be presented in the Application.

221 City of Section 4.0 Fish and Fish Include BC Riparian Regulations The relevance/applicability of the BC Riparian Area No further comment ------Richmond (Environmental Habitat/ Land Include applicable data from other EA Regulations to the Project and related activities will be Effects Use studies along the Fraser River, to inform the discussed in the Application. Assessment) / field studies (including local studies such as Section 6.0 Hwy 99 Bus Shoulder Lane expansion) Findings from past studies associated with other (Social Effects projects, as relevant to the assessment of Project- Assessment) related effects, will be reviewed and appropriate information based on this review incorporated into the Application. 222 City of Section 4.4 (Fish Fish and Fish Also include the potential fish habitat effects The Application will outline the potential effects of No further comment ------Richmond and Fish Habitat associated with the tunnel decommissioning, Project activities, including tunnel decommissioning, on Habitat) not just the installation of piers fish and fish habitat as well as measures and best practices to avoid or minimize impacts.

The VCs selected for the Project were determined following a thorough assessment of their value from the perspective of scientific, conservation, First Nation and public considerations, their interactions with the Project, and their presence. Many of the VC assessments include the “full-spectrum” of species, while for key issues of concern there were species- specific studies, e.g., red legged frog.

The reference to Richmond Nature Park will be revised. 224 City of Section 4.6 Marine Potential impacts on marine mammal The Application will consider the potential effects of No further comment. ------Richmond (Marine Mammals habitat from construction activities relevant construction related activities on marine Mammals) mammals. 225 City of Section 4.7 Vegetation Expand beyond at-risk species and The valued components (VCs) selected for the Project City requests an overview of at risk species and Information regarding potential effects on at Richmond (Vegetation) ecosystems to include other vegetation were determined following a thorough assessment of ecosystems within project footprint. Impacts to the risk species, vegetation and habitat, will be present in the project footprint, and the their value from the perspective of scientific, Nature Park are of particular concern due to the provided in the Application. adjacent riparian areas and environmentally conservation, First Nation and public considerations, unique hydrological regime, flora and fauna. sensitive areas the interactions with the Project and their presence. The EAO has scheduled and undertaken a Many of the VC assessments include the ‘full-spectrum’ joint meeting with the City of Richmond and of species and plant communities, e.g., upland and the Proponent to discuss specific comments riparian birds (surveys recorded all bird species) and the Proponent continues to meet bi-weekly listed ecosystems (wetlands and unique plant with the City. communities); while for key issues of concern there were species-specific studies, e.g., barn owl and barn The Application will include the appropriate swallow, and at-risk plant species. For non-avian groups information to support a robust assessment where studies to understand presence and effect are on vegetation and other important values. species-specific, key species of concern were selected - consistent with the EAO method noted above.

Potential Project related effects on vegetation, particularly at-risk plants and plant communities, are being assessed and will be described in the Application.

Potential effects of habitat fragmentation/loss of connectivity has been considered in the assessment of potential Project related effects on individual sub components. 228 City of Section 4.8 Terrestrial City is concerned about the project impact The Proponent has conducted a study to determine City would like to understand how the GMTR The assessment of potential project related Richmond (Terrestrial Wildlife on barn owls that utilize the study corridor barn owl use or dependency on habitat adjacent to the design can mitigate barn owl collision effects. effects on Barn Owls and proposed Wildlife) and how they will be protected i.e. raptor existing Highway 99 right of way based on habitat mitigation will be included in the mitigation measures suitability mapping. The assessment of potential Application. project related effects also considers collision risk for barn owls. 229 City of Section 4.8 Terrestrial Assess opportunities to integrate nesting The Application will include an assessment of potential No further comment. ------Richmond (Terrestrial Wildlife and or perching possibilities within the study project related effects, including those related to Wildlife) area, including on and/ or under the bridge. habitat and vegetation. Where mitigation is required, offsetting or compensation may be applied, and a compensation plan will be developed during detailed design. Nesting and perching opportunities will be

230 City of Section 4.9 (Air Air Quality The temporal boundary for the operation The future conditions for the Air Quality and Noise The conservative traffic forecast should assume an The assessment of potential project related Richmond Quality) phase should extend to a sufficient time Assessments have used the reference year 2031 to un-tolled crossing. The LAA should be extended to effects on air quality has assumed an un- beyond 2022 (e.g. to be consistent with the make effective use of the vehicle fleet emissions include Oak Street-70th Avenue to assess any tolled crossing. Regional Transportation Model). The forecasts set out by Metro Vancouver, and the Regional potential queuing at the approaches to the Oak assessment should include the impact to Transportation Model. The Project will have been Street Bridge. The dAIR is being revised to recognize and changes in GHG levels and climate changes operational for several years and this time frame assess traffic as an Intermediate Component and if the project is consistent with represents a normalized operational reference point (IC). The revised dAIR will describe the provincial, regional and local targets for GHG for consideration of potential project related effects. methodology for assessing project related reductions. changes in traffic, that support the The Application will describe the existing conditions assessment of other ICs and VCS The LAA for related to air quality, anticipated changes resulting the traffic IC includes the physical extent of from the Project, and alignment with applicable air works associated with the Project and quality objectives. therefor does not include Alex Fraser Bridge, Oak Street Bridge, Knight Street Bridge or Section 4.9 and 4.10 of the dAIR have been updated to the Arthur Liang Bridge. In addition to being include confirmation that rationale for selection of the beyond the area where physical Project projected traffic horizon will be provided in the works are being undertaken, future traffic Application. conditions at Oak Street are influenced by are large number of factors including Section 4.9 of the dAIR has been updated to include forecasted growth in traffic associated with confirmation that potential Project related changes in increases in population and employment GHG emissions will be discussed in the Application growth in the region. While the Application under the air quality effects assessment. will present information on future trends in traffic at Oak Street, changes to the (existing) Highway 99 corridor are considered to have a negligible influence on traffic conditions at Oak Street Bridge in the future. As such, future changes in traffic at Oak Street are not assessed as a potential effect of the Project.

Traffic as an IC has been added as Section

231 City of Section 4.9 (Air Air Quality Ensure modelling of air quality considers the The Air Quality assessment will consider the elevated No further comment. ------Richmond Quality) impact the proposed elevated Steveston project infrastructure and its influence on the interchange and elevated bridge approach dispersion of air contaminants. ramps may have on dispersal patterns on the adjacent neighbourhood relative to current conditions. 232 City of Section 4.10 Atmospheric Ensure modelling of noise considers the The noise assessment will consider the elevation of the Noise receptor locations identified for Richmond (Atmospheric Noise impact of the proposed elevated Steveston new bridge, interchanges, and related project The select noise-sensitive receptor sites used to baseline data collection include those in Noise) interchanges and elevated bridge approach infrastructure. establish baseline conditions should include the proximity to the Gardens and the Richmond ramps on the adjacent neighbourhood following locations in Richmond: the Gardens Jamia Mosque. Other noise receptor Agricultural Park, the Gardens residential site, locations established for baseline data Richmond Jamia Mosque and BC Muslim School collection will be also used to assess Project related effects for the Project Alignment.

233 City of Section 5.0 Economic No economic VCs identified for the potential Effects on economic conditions are anticipated to be Richmond (Socio-economic negative impact of a toll, particularly given positive as a result of the Project, and therefore are not Analysis is required to justify the conclusion that Traffic has been added as an Intermediate Effects its regional inequity (all existing and planned assessed as a VC. effects on economic conditions are “anticipated to component in the dAIR. The assessment of Assessment) tolled crossings are located solely on bridge be positive.” The effect of tolling should traffic as an IC will include a consideration of crossings linking the region south of the The economic pillar of the EAO framework will be investigated and quantified including: predicted changes in traffic volumes in both Fraser River) versus mobility pricing. considered in the context of project benefits and potential impacts of traffic diversion to un-tolled a tolled and un-tolled scenario. addressed in the Application. The Application will crossings (i.e., increased travel time and VKT, describe the economic benefits of the Project with reduced safety) The assessment of traffic as an IC will be respect to users, including travel time savings, impact on business case analysis if projected toll supported by anticipated changes in key reliability and safety benefits as well as employment revenues are substantially lower than anticipated metrics including VKT and mode share. (jobs created) during construction and operation, and (as with the Port Mann Bridge). related direct and indirect inputs to the economy. Traffic as an IC has been added as Section 5.1 of the dAIR. In addition, the Application will discuss tolling in terms of its role in contributing to Project funding as well as The business case for the Project, which is its influence as a transportation demand management publically available, is based on conservative tool. assumptions regarding traffic volumes and includes discussion regarding both higher Section 1.1 of the dAIR has been updated to include and lower growth projections in relation to confirmation that a discussion on tolling will be the benefit cost analysis. included in the Application.

234 City of Section 5.0 Economic Seems like an overly simplistic conclusion Richmond (Socio-economic that no adverse effects are anticipated. The The Project will result in significant user benefits, The construction phase 2017 to 2022 will have The Proponent has, and will continue to, Effects assumption appears to be based on macro- principally travel times savings and safety benefits. negative impacts to businesses in immediate consult with businesses that may be directly Assessment) economic analysis, not micro. Clearly, on an These benefits will be enjoyed by all classes of roadway vicinity of the project – for Richmond, these affected by Project related activities individual level there will be for some people users due to the reduction in travel times associated businesses are located in the Riverside Business including changes in access or potential an adverse impact due to tolling. This, at the with the proposed corridor improvements. The Park – South of Steveston Highway and West of No. traffic changes. In this regard, the very least should be discussed. Project's business case provides further detail on the 5 Road – there are approximately 500 businesses Proponent will be working with the City of additional benefits of the Project, including economic and over 7,000 employees that will be impacted. Richmond to develop and implement a development and job creation as well as benefits for Post construction, the businesses in the Riverside Traffic Management Plan to ensure business cyclists, pedestrians, local communities and Business Park will vastly benefit from can operate effectively during the recreational users. improvements to the transportation infrastructure construction phase of the Project. In in the area (e.g. proposed dedicated addition, traffic has been added as an The Project includes specific measures to promote exit/ramp/interchange at Steveston Hwy), including Intermediate Component in the dAIR and alternatives to the single-occupancy-vehicle. These goods movement and employee access, as well as project-related changes in traffic will be include: extension of transit/ HOV lanes between improved access due to anticipated reduced assessed in the Application. The assessment Bridgeport Road in Richmond and Highway 91 in Delta; congestion. will include a consideration of construction a dedicated transit-only ramp at Bridgeport Road, Positive economic benefit could also be achieved phase effects on traffic and identify providing efficient access to the Canada Line Station; if, as part of this project, connectivity to the East is appropriate mitigation to address such transit exchanges at the Steveston Highway and also implemented – e.g. Rice Mill Road and Blundell effects. Highway 17A interchanges; as well as multi-use Road access. pathways on the new bridge for cyclists and The economic impacts of the proposed toll The Proponent agrees that substantial pedestrians. structure should be weighed against the economic benefits, associated with anticipated economic impacts from reduced improved accessibility, will be recognized by Tolling is designed to pay for the Project while congestion and accessibility (all of these should be local businesses following completion of the recognizing that those directly benefiting from the new studied/demonstrated at a regional level). Project. infrastructure in terms of time savings and reliability should help pay for the Project. This ensures that the Traffic as an IC has been added as Section needed improvements can proceed now, rather than 5.1 of the dAIR years in the future when improvements will be even more overdue.

Section 1.1 of the dAIR has been updated to include

235 City of Section 5.5 Visual Quality The Visual Quality VC is too simplistic at this The Project will introduce a new feature to the The proposed Steveston interchange indicates a Anticipated change in visual quality resulting Richmond (Visual Quality) time, both in terms of extent and landscape through the construction of the new bridge, four level interchange. This is significantly different from the proposed upgrades to Steveston considerations. Recommend further defining which has the potential to change local and regional both in terms of height and extent, and therefore it Interchange will be discussed in Section 6.5 it into the following visual and landscape/ visual quality. A visual quality assessment will be is not consistent with the two level interchange (Visual Quality) of the Application. experiential impacts. undertaken to evaluate the potential effects of these currently in place, and requires further analysis in -Visual effects refer to changes in the changes. This assessment focuses on changes in visual terms of its visual impact. Section 5.5.1 (Context and Boundaries, composition of the landscape's views, quality as seen from residential areas, public parks, and Visual Quality) of the dAIR has been people's responses to the changes and to other relevant viewing locations. updated to reflect this. the overall effects with respect to visual amenity. New interchanges and ramps are consistent with -Landscape effects refer to changes in the infrastructure currently in place throughout Highway physical landscape that may give rise to 99, and are features that align with the presence and changes in its character and how this is use of a primary transportation corridor. experienced. This may in turn affect the perceived value ascribed to the landscape. 236 City of Section 5.5 Visual Quality Include evaluation of the visual effects of Lighting requirements for the new bridge will be in Lighting requirements and standards should include As noted in the dAIR, anticipated Richmond (Visual Quality) lighting and potential light pollution emitting accordance with applicable highway and bridge design consideration of light pollution effects on wildlife interactions between Project activities and from the bridge, especially during nighttime codes. Dark sky compliant lighting, designed to and birds, adjacent properties and land uses, and terrestrial wildlife that will be considered in hours illuminate the running surface and minimize light appropriate mitigation measures. the Application will include potential trespass will be used. disturbance due to an increase in ambient noise and light during construction and The Application will include discussion on the visual operation. effects of the new bridge. Lighting requirements for the new bridge are governed by bridge design standards for safe operations. Dark sky compliant lighting, designed to illuminate the running surface and minimize light trespass will be used.

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Comment from VCH: The Project includes significant investment in transit infrastructure that will support TransLink’s regional plans.

The Project team is aware of TransLink’s

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The Application will provide a description of how the Project aligns with, and supports, regional transportation goals and objectives identified in the TransLink Regional Transportation Strategy.

238 City of Section 5.3 Land Use Overlap of project alignment with portions The overlap of the Project alignment with adjacent land Include overlap of Project alignment with City Richmond (Land Use) of land parcels, as well as designated parcels and watercourses will be assessed within the Environmentally Sensitive Areas and Parks as well. The potential for the Project to interact with watercourses (RMAs) in immediate vicinity Agriculture, Land Use, and other relevant valued Parks and environmentally sensitive areas, to ROW on both east and west sides. components (VCs). including riparian areas will be described in the Application. In addition, the Application will identify opportunities for habitat enhancement, including offsetting to address potential effects. Offsetting will meet or exceed applicable federal and provincial regulatory requirements.

239 City of Section 5.3 Land Use Considering the size of The Gardens will be Potential project related effects related to noise, Richmond (Land Use) reduced due to the widening of the west including changes in noise conditions at sensitive No further comment. ------side of Hwy 99, the impact of the project on receptors will be assessed in the Application. the current park plan will need to be assessed relative to park programming and visitor experience due to the reduced size and closer proximity of the ambient sound to the central part of the park. 240 City of Section 5.4 Agriculture Us The potential effects should include whether Current agricultural use, viability, and agricultural Richmond (Agricultural e or not any surplus ALR land that can be capability will be considered in assessing potential The Project should achieve a net gain in agricultural The Application will identify opportunities Use) returned for potential farming is equivalent Project-related effects on agricultural use, and use within each municipality as well as for the for achieving efficiencies and a net gain. in viability to the ALR land that will be identifying strategies for achieving a net gain. entire project. required by the project.

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242 City of Section 5.5 Visual Quality The spatial boundaries should include the The Project will introduce a new feature to the The proposed multi-level interchange at Steveston Anticipated change in visual quality resulting Richmond (Visual Quality) visual quality for all elevated structures that landscape through the construction of the new bridge, Highway is not consistent with infrastructure from the proposed upgrades to Steveston are part of the project, not just the bridge. which has the potential to change local and regional currently in place throughout the Highway 99 Interchange will be discussed in Section 6.5 The assessment areas should include visual quality. A visual quality assessment will be corridor and should be included as part of the (Visual Quality) of the Application. additional radii centred around the undertaken to evaluate the potential effects of these visual quality analysis. Steveston Interchange, Hwy 91 ramps and changes. This assessment focuses on changes in visual Section 5.5.1 (Context and Boundaries, the transit ramp at Bridgeport Road. The quality as seen from residential areas, public parks, and Visual Quality) of the dAIR has been visual quality of BC Hydro choosing an other relevant viewing locations, and will include the updated to reflect this. overhead transmission line should also be effects of the relocation of the BC Hydro transmission included. The assessment should also line. include the shadowing produced by all of the new elevated structures. New interchanges and ramps are consistent with infrastructure currently in place throughout Highway 99, and are features that align with the presence and use of a primary transportation corridor. 243 City of Section 5.5 Visual Quality As noted above, ensure the VC covers both The Application will address both visual and landscape Richmond (Visual Quality) visual and landscape (experiential) impacts. potential impacts. No further comment. ------244 City of Section 6.0 Heritage Include an assessment of the tunnel's The Proponent recognizes the historical contribution of Richmond (Heritage heritage merits. Conduct a formal Statement the Highway 99 corridor and the George Massey No further comment. Note: Effects of Significance assessment. Tunnel. The Proponent is developing a strategy to The study on the history of the Highway 99 Assessment) acknowledge the Tunnel as an engineering success and corridor will be available to the technical its role in the area. Working Group during the Application Review period. Section 1.1 of the dAIR has been updated to indicate a study of the history of the Tunnel will be undertaken and an overview included in the Application.

245 City of Section 7.0 Human Health Add Recreation to the Lifestyle Factor Broader determinants of health will be considered and Richmond (Health Effects sections. Access and Recreation (Fitness and discussed in the Application including a consideration No further comment. ------Assessment) exercise, exposure/ access to nature) of how the Project will result in benefits with respect to the indicators noted.

The Bridge will include multi-use pathways, providing new and enhanced opportunities for cycling and pedestrians as well as enhanced connections to community trails, contributing to increased cycling opportunities for all user groups (recreation, tourism, commuters etc.)

The dAIR has been revised to indicate that Section 7.0

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246 City of Section 7.0 Human Health The sub-components to be assessed should The Proponent agrees that the Health Impact The Proponent also needs to clarify how the results While the HIA is not a requirement of the Richmond (Health Effects include changes linked to increased Assessment (HIA) framework is useful in identifying and of the Health Impact Assessment will be EAO, The Proponent recognizes the HIA as a Assessment) exposure to traffic during construction and analyzing potential health considerations associated incorporated into the Project Application. valuable tool to support planning activities operations (Potential for increased crashes with the Project and looks forward to working with Per the comment from the Lyackson First Nation at by identifying broader determinants of for motorists, pedestrians and cyclists) and Vancouver Coastal Health (VCH) and Fraser Health (FH) the March 10, 2016 Working Group meeting, the human health beyond those required for increased opportunities for physical activity/ in integrating HIA considerations into the Application. HIA should include an assessment of the potential assessment under BCEAA. The HIA is being recreation. Include a Health Impact impacts of the Project on at-risk populations that undertaken concurrently with the Projects Assessment of the Project. The dAIR has been revised to indicate that Section 7.0 may gather under the bridge. environmental assessment under BCEAA. (Health) of Part B of the Application will include a Key findings of the HIA will be summarized in summary of the results of a health impact assessment the Application and the HIA report will be that considers potential impacts of the Project on publically available. broader determinants of human health and includes recognition of health considerations that are specific Per the comment from the Lyackson First to Aboriginal populations. Nation at the March 10, 2016 Working Group meeting, while not assessed as a VC in the Application, the potential for “at-risk populations” to use/congregate in areas near the bridge will be considered in the HIA. A summary of the results of the HIA will be presented in the Application including any mitigation recommended.

247 City of Section 8.0 Accidents and Potential conditions to be assessed should Routine maintenance activities, including winter The Project Application should identify the The Application will reference MOTI Richmond (Accidents and Malfunctions include frost/ slippery conditions on the maintenance of roadway and pathway surfaces will be established provincial standards and specifications specifications and performance standards Malfunctions) multi-use pathways, vehicle breakdown and undertaken in accordance with established provincial for maintenance activities, including winter for road and bridge maintenance activities spillage during operation, and vehicle standards and specifications. maintenance of roadway and pathway surfaces. including provisions for pathways. contact with a project component Additionally, the Application includes assessment of the following potential conditions: Project Construction • Incidents resulting in the release of toxic/hazardous materials • Structural failure of a culvert, ditch, detention pond, or sediment containment measure resulting in localized flooding, erosion, sedimentation, or discharge of deleterious material into the aquatic environment. • Damage to utilities resulting in release of deleterious material into the aquatic environment • Accidents involving construction vehicles associated

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Project Operation Potential accidents and malfunctions during highway operations and maintenance that could adversely affect the environment include: • Incidents resulting in the release of toxic/hazardous materials to environmentally sensitive habitat. • Structural failure of a culvert or ditch resulting in localized flooding or erosion, sedimentation, or discharge of deleterious materials to the aquatic environment. • Failure of a Project component. • Disturbance of environmentally sensitive habitat due to inappropriate equipment or machinery operation. • Accidents involving Project-related vehicles during maintenance.

248 City of Section 12.0 Management The City of Richmond should be included in The Proponent meets with the City of Richmond every Richmond (Management Plans the Construction management Plan and the two weeks. The Proponent will continue to consult with No further comment. ------Plans) Plan should include sufficient notification to the City of Richmond during the development and and consultation with adjacent residences implementation of the Construction Management Plan. and business. Communication with agencies, stakeholders, and the public throughout construction will play a key role in assuring efficient traffic management during construction of the Project. 249 City of Section 13.0 Monitoring The monitoring plans should include the on- Upon completion of construction, the operations phase The Project Application should identify the The Application will reference MOTI Richmond (Monitoring & and Follow-up going plans to address the potential events will commence, which will require ongoing and established provincial standards and specifications specifications and performance standards Follow-up Programs identified in Section 9.0 comments above. proactive response to emerging conditions and for maintenance activities, including winter for road and bridge maintenance activities Programs) incidents. maintenance of roadway and pathway surfaces. including provisions for pathways.

250 Hwlitsum Section 4.4 (Fish Fish and Fish erection of the silt minimization to minimize The Proponent will identify best management practices and Fish Habitat impact to salmon fry who survive of photo utilized during the construction phase to minimize Hwlitsum provided no further comment. ------Habitat) plankton that need light to grown. The potential environmental effects. This will include salmon are already cannot sustain a specific mitigation to avoid or minimize potential commercial fleet let alone aboriginal food effects on fish and fish habitat. and ceremonial, aboriginal commercial openings. The measure of health Fraser River waters should be clear potable water

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251 Hwlitsum Section 5.3 Land Use effects of the Bridge and the use of the land Land Use has been proposed as a valued component (Land Use) (VC) and the potential project related effects will be Hwlitsum provided no further comment. ------assessed within the Application.

252 Hwlitsum Section 5.2 Land Use/ effect of opening the slough to further The Project alignment overlaps Green Slough and Deas (Marine Use)/ Marine Use development and increased house boats Slough. Green Slough will be realigned to its historic Hwlitsum provided no further comment. ------Section 5.3 location but this is not expected to change access by (Land Use) marine vessels. The new bridge will increase the vertical clearance to Deas Slough to about 20m improving access for marine users. In addition the existing Deas Slough Bridge will be removed including bridge piers currently in the water thus restoring habitat. This will be discussed in the Application. 253 Hwlitsum Section 10.0 there are no identified land claims Aboriginal Interests, defined by the EAO as asserted or (Aboriginal settlements of land that are seen as being established Aboriginal and treaty rights, will be Hwlitsum provided no further comment. ------Consultation) settled any time soon, and Land and Water assessed in Part C of the Application (First Nations rights to be negotiated need consideration, Information Requirements). Other matters of concern and over half of BC aboriginal live off reserve to First Nations (as identified by First Nations to the where mortgage and rental rates are Proponent) that do not directly relate to Aboriginal restrictive, Hwlitsum request compensation Interests will be assessed under the relevant valued or land for loss of Aboriginal land rights and component, and further evaluated, as appropriate, in claims within their traditional territories that Part C. will be affected permanently by the GMTR 254 Cowichan Section 10.0 Employment Information about an employment strategy As articulated in the Aboriginal Consultation Plan, the Aboriginal employment plan should not be Section 1.1 of the Application, as outlined in Nation (Aboriginal Estimates ought to include proposed Cowichan Nation Proponent has committed to initiating discussions and confined to part C of the dAIR-it needs to be the dAIR, will describe overall employment Alliance Consultation) Alliance member employment plan or other planning in relation to business/contract opportunities, incorporated into section 1.1 entitled “employment estimates based on the proposed Project. relevant Aboriginal employment as were training and employment, during the EA estimates” so as to ensure that Aboriginal Part C will provide information on aboriginal procurement plan, regardless of whether it process. procurement measures are consistent with overall employment considerations and is an accommodation measure. employment estimate. opportunities.

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260 Cowichan Section 3.10 Cumulative Cowichan Nation Alliance notes that the The potential for residual effects of other projects, Nation (Cumulative Effects Steveston Diking Project (a City of Richmond including the Steveston Diking Project, to interact with Cowichan Nation Alliance provided no further ------Alliance Effects Assessment initiative) is not included. those of the George Massey Tunnel Replacement comment. Assessment) Project will be reviewed, and the nature of such interaction will be discussed in the Application if applicable.

261 Cowichan Section 3.11 Follow-up The Follow-up Strategy should include a Nation (Follow-up Strategy general monitoring strategy for monitoring Cowichan Nation Alliance provided no further ------Alliance Strategy) the residual and cumulative effects. A comment. general monitoring strategy would establish a timeline for conducting the proposed Proposed follow up and monitoring activities, as evaluation, listing the stages at which these required, will be identified in the Application. elevations would occur and how many would occur in total, and provide a framework for sharing results with Aboriginal Groups and other stakeholders. Ongoing monitoring and reporting will ensure protection of the environment

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264 Cowichan Section 4.4 (Fish Fish and Fish Indicators proposed for describing existing Habitat loss is currently proposed as an indicator. Nation and Fish Habitat conditions and assessing potential Project- Habitat both directly supports fish sub-components, Cowichan Nation Alliance provided no further ------Alliance Habitat) related effects on fish and fish habitat including aquatic features, and indirectly supports fish comment. should include loss of and/ or degradation in sub-components by providing a significant source of the quality and availability of food sources food or nutrients (e.g., upstream habitats). Also for sub-component fish that may included are riparian areas, which can provide substantially affect their food sources important functions for adjacent aquatic features supporting the fish sub-components. By considering habitat supporting these fish sub-components both directly and indirectly, consideration will also be given towards food sources and other ecological values/functions which support them. 265 Cowichan Section 4.4 (Fish Fish and Fish What is the rationale for selecting the LAA The proposed local assessment areas (LAA) were Nation and Fish Habitat and RAA boundaries? Because the topic of established in order to capture potential direct effects Cowichan Nation Alliance provided no further ------Alliance Habitat) discussion is fish and fish habitat, it seems on a specific valued component s (VC) while the comment. that a study of the effects of the project of proposed regional assessment areas (RAA) were the Fraser River South Arm is important. The established in order to capture potential indirect boundary as shown in Figure 4 includes only effects of the Project. a small portion of the Fraser River directly surrounding the proposed project. The Proponent will provide a table outlining the Furthermore, the cumulative effects from rationale for study area boundaries at a subsequent various activities (current and proposed will Working Group meeting. This information will also be surely be impacted by the proposed project included in the Application. and the assessment area should be increased to include the Fraser River, similar to the boundaries set for the Marine Mammal assessment area.

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267 Cowichan Section 5.2 Marine Use Current and future marine and water Marine Use has been proposed as a valued component Further clarification as requested by EAO: Nation (Marine Use) dependent land uses identified during and will consider the potential project related effects Cowichan Nation Alliance provided no further The Marine Use valued component will Alliance desktop assessment for the purposes of on Aboriginal fisheries in proximity to the new bridge. comment. consider the potential project related effects collection of baseline information needs to on commercial, recreational and Aboriginal include current and future Aboriginal (CRA) fisheries. fisheries. Cowichan Nation Alliance is working to re-establish fishery on the South The Proponent will include information Arm of the Fraser River. regarding existing and desired conditions of marine and water dependent land uses for traditional purposes in Section 10.1.3 of Part C of the Application, where this information has been provided to the Proponent by Aboriginal Groups or was otherwise available from publicly available sources. 268 Cowichan ------Cowichan Nation Alliance Tl'uqtinus village The Proponent will endeavor to include indigenous Nation needs to be identified in accompanying place names on the figures that accompany Section C Cowichan Nation Alliance provided no further ------Alliance maps of the Application. comment. 269 Port of Section 4.1 River • We would like to see "navigation" be Potential effects of changes in water levels and Vancouver (River Hydraulics and included in the last sentence on page 16. currents on navigation will be assessed under the Port of Vancouver provided no further comment. ------Hydraulics and Morphology "The river hydraulics and river morphology Marine Use valued component (VC). The following Morphology) study will focus on water levels, velocities sentence has been added to Section 4.1 to clarify this: and flow patterns (river hydraulics) in the “Results of this study will be used to inform the Fraser River South Arm and their influence assessment of potential effects of change in water on navigation, sedimentation and erosion." levels, velocities, and flow patterns in the Fraser River Rationale - Changes to water levels and/or South Arm on marine use, specifically, navigation." currents can negatively impact navigation and therefore we would like to see Section 4.1 of the dAIR has been revised accordingly. something specific stating any anticipated changes, despite we do not anticipate this project (primarily tunnel removal) will have result in any measurable change.

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While Project-related changes are not expected beyond the mouth of the Fraser River, a relatively large RAA that incorporates the adjacent coastal waters was chosen to support tidal simulations, and establish the boundary conditions for the numerical modelling used to predict Project-related effects. 271 Port of Section 5.2 Marine Use • We note this section was only partially For clarity, Section 6.1 of the dAIR, Marine Use, Vancouver (Marine Use) completed so we will reserve comments at provides a summary of information that will be Port of Vancouver provided no further comment. ------this time but do feel what is listed so far is provided in the Application. The assessment will appropriate consider existing conditions and potential effects of the Project relative to Marine Use, which will be described further in the Application.

272 Port of Section 5.2 Marine Us e • Local and Regional Assessment Areas – We The Proponent has reviewed the proposed Marine Use Vancouver (Marine Use) believe the Local Assessment Area should be Local Assessment area in the context of Port of Port of Vancouver provided no further comment. ------1.5kms either side of the tunnel in the main Vancouver’s comment, and has revised the boundary channel and 500m either side of causeway in as suggested. Section 5.2.1 and Appendix A, Figure 12 Deas Slough. The Regional Assessment Area of the dAIR have been updated to reflect this. seems reasonable, but if any channel closures are expected we are thinking The Proponent has engaged with commercial and domestic traffic and recreational craft may recreational marine user groups since 2014, and will divert to the North Arm which is not continue to consult with these groups during further included at this time. It might be worth design, planning, and implementation stages of the consulting with the Marine Industry to see if Project to identify and address any potential issues and this should be added concerns.

Section 5.2.1 of the dAIR has been revised accordingly.

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George Massey Tunnel Replacement Project Round 2- Technical Working Group comments and responses on the draft Application Information Requirements March-April, 2016

No. Stakeholder DAIR Section Subject Comment/ Inquiry (Round 2) Response Group 273 Transport Section 1.2 Authorization The Proponent will seek authorizations for all works needing Navigation Protection Canada (Applicable Table Under the Navigation Protection Act, separate authorizations will be required for each of the Act approval in accordance with Transport Canadas requirements. Authorizations) following;  Alteration of the existing tunnel The text within Table 2: Authorization Table in Section 1.2 has been changed from  Construction of the proposed bridge “Permit or Approval” to “Authorizations”.  Construction, placement, alteration, repair, rebuilding, or removal of any other works impacted by the project (such as pipes, aerial cables, fixed aids to navigation, etc.) that are not part of the temporary works required for construction of the bridge or decommissioning of the tunnel (those would be captured in the top two authorizations). The words, “Permit” and “Approval” should be replaced with “authorizations” as the nature of required documents has not yet been determined.

274 Cowichan Section 10.1.3 Traditional, “Traditional” use is the terminology reflected in the EAO’s Application Information Nation (Aboriginal Current and In order to fully assess Aboriginal Interests, the assessment should consider traditional use, Requirements Template, dated August 2015. In this context, “traditional” is not used Alliance Interests Future use current use and future use. It is not enough to only consider traditional and current use. This as a synonym for “past” or “historical” use, but to signify use along a continuum. Assessment) is particularly important to the Cowichan Nation Alliance as we continue to work to re- Information regarding past, present, and anticipated future use of lands, waters, and establish fishery on the Fraser River. The cumulative impacts of projects in this area continue resources in the Project area that may be associated with the exercise of Aboriginal to affect our land as we try to reclaim this right. Interests (meaning asserted or determined Aboriginal rights, including title, and treaty rights), as well as an assessment of potential Project-related impacts on the exercise of those Aboriginal Interests, will be presented in Section 10.1.3 of Part C, per EAO requirements.

275 Cowichan Section 10.1.3 Cumulative Nation (Aboriginal Effects and While we are satisfied that this section includes requirements for mitigation measures and The Proponent will include historical context in Section 10.1.3 of Part C relating to Alliance Interests Follow-up characterization of residual adverse effects on Aboriginal Interests, there are additional changes in use over time by Aboriginal Groups (i.e., cumulative effects on this use to Assessment) Strategies requirements that should be added to this section including: date), where this information has been provided to the Proponent by First Nations or  A cumulative effects assessment pursuant to section 3.10 was otherwise available from publicly available sources. However, there is no EAO  A follow-up strategy pursuant to section 3.11 requirement to assess incremental cumulative effects on the exercise of Aboriginal Adding these two sections is crucial to meeting an appropriate level of thoroughness. The Interests separately of the cumulative effects assessments on VCs that are directly Aboriginal Consultation Section is intended to provide framework for addressing the impact of linked to the exercise of those Aboriginal Interests. Measures to avoid, reduce, or the project on Aboriginal Interests. In order to fully address the impact this Project will have otherwise manage potential adverse effects of the Project on the exercise of on our Interests, cumulative effects need to be fully examined and follow-up strategies need Aboriginal Interests, including follow-up measures that may be proposed by VCs to be developed to protect our Interests. directly linked to the exercise of those Aboriginal Interests, will be presented in Section 10.1.3 Part C of the Application. Cumulative impacts are a major issue as we continually see more and more activity occurring in and around our traditional territory.

276 Cowichan Section 10.2 Nation (Other Matters How will matters of concern be place between section 10.1.3 and section 10.1? The structure of Part C of the Application follows the EAO’s Application Information Alliance of Concern to Requirements Template, dated August 2015. Other matters of concern raised by Aboriginal Based on the format of the Aboriginal Consultation Section the Proponent will be required to Aboriginal groups in relation to the Project (Section 10.2 of the dAIR) are understood Groups) identify Aboriginal Interests (section 10.1.1) and then provide an assessment on how the to be those that are not directly linked to the exercise of Aboriginal Interests, and

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George Massey Tunnel Replacement Project Round 2- Technical Working Group comments and responses on the draft Application Information Requirements March-April, 2016 No. Stakeholder DAIR Section Subject Comment/ Inquiry (Round 2) Response Group Project will affect these Aboriginal Interests (section 10.1.3). Through this format, impact of therefore require separate consideration. These concerns may be of an the project on our Interests will be thoroughly investigates (should a cumulative effects environmental, economic, social, heritage, or health nature in relation to how a assessment and follow-up strategy be added to this section). Since we are looking for a specific Aboriginal community and its members may experience impacts differently or guarantee that our Interests will be fully considered, we prefer that our Interests be disproportionately relative to the general population. These concerns will be considered through the section 10.1.3 process. described in Section 10.2 of Part C of the Application.

So, what will lie outside of the Aboriginal Interests Assessment and why would these other matters of concern be separate from existing Aboriginal Interests?

It may be that section 10.2 provides an appropriate place to list smaller concerns that do not require thorough analysis, however, we do not want to see this section used as a place to list and acknowledge important Aboriginal Interests that require a deeper level of consideration.

277 Tsleil- Section 4.8 Terrestrial Bird species within the study area including those that are considered at risk are Waututh (Terrestrial Wildlife Species at risk are not considered under the birds VC. What is the rationale behind this included. Specific bird species at risk that are potentially affected by the Project have Nation Wildlife) decision? been identified as sub-components (i.e., barn swallow, barn owl, great blue heron), and species-specific studies on them will be conducted and provided in the Application.

278 Tsleil- Section 4.8 Terrestrial Recognizing Deas Island as a contiguous land unit that supports a regional park and Waututh (Terrestrial Wildlife The RAA should be large enough to account for all of Deas Island as a complete island includes interrelated vegetation and habitat values, the LAA for Terrestrial Wildlife Nation Wildlife) ecosystem. will be expanded to include Deas Island and the RAA will be revised accordingly.

Section 4.8.1 of the dAIR has been revised to reflect the changes in the LAA as noted.

279 Tsleil- Section 4.2 Sediment and The LAA for Sediment and Water Quality will be extended downstream to include Waututh (Sediment and Water Quality The LAA is too small, especially considering tunnel decommissioning and the increased Ladner Reach and South Arm Marshes. Nation Water Quality) turbidity levels and sedimentation that will be released downriver. We request that the LAA be reassessed and extended to support a full ecosystem assessment. Section 4.2.1 of the dAIR has been revised to reflect the changes in the LAA as noted.

280 Tsleil- Section 4.4 (Fish Fish and Fish The LAA for Fish and Fish Habitat will be extended to the west end of Kirkland Island, Waututh and Fish Habitat The RAA should be larger as it currently does not encompass enough area downriver of the and the RAA will be extended to the mouth of the Fraser River South Arm to be Nation Habitat) tunnel. We request the RAA be reassessed and extended to support a full ecosystem consistent with the revised LAA and RAA for Sediment and Water Quality. assessment. Section 4.4.1 of the dAIR has been revised to reflect the changes in the LAA and RAA as noted.

281 Tsleil- Section 4.5 (At- At-risk The initial consideration of potential project interactions beyond the current right of Waututh risk amphibians) Amphibians We strongly suggest keeping the original LAA assigned for At Risk Amphibians. The LAA should way, which led to the earlier and larger LAA, over-estimated the spatial area over Nation be the project alignment plus 500m either side. which such effects would be expected to occur. The implementation of the effects assessment for at –risk amphibians supports a smaller LAA. There is limited to no movement between off-alignment amphibian habitat (unaffected by the project) and on-alignment habitat that is potentially affected. The revised LAA for at-risk amphibians reflects the field work conducted on the Project and the Professional

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282 Tsleil------Tunnel For the purposes of the Project Description and determination of values to be Waututh Decommissioning Tsleil-Waututh requests clarification as to whether all sections of the tunnel will be removed, assessed as part of the EA, it is assumed that the in-stream sections of the Tunnel will Nation or not. be removed as part of the decommissioning.

To provide further clarification, the middle four sections (in river) will be removed.

Section 1.1 of the dAIR has been updated to confirm that the tunnel decommissioning is anticipated to involve the removal of the four in-river sections of the Tunnel.

283 Tsleil- Section 5.2 Marine Use First Nations is not included as a subcategory under Section 5.2 in the Application. Waututh (Marine Use) Tsleil-Waututh requests clarification as to whether there is a First Nations subcategory under Aboriginal Interests, defined by the EAO as asserted or established Aboriginal and Nation the Marine Use VC or not and the rationale behind the decision accordingly. It is important treaty rights, will be assessed in Part C of the Application (First Nations Information that this section account for the future and desired use of Aboriginal Groups. Requirements). Other matters of concern to First Nations regarding marine use (as identified by First Nations to the Proponent) that do not directly relate to Aboriginal Interests will be included in Section 5.2, and further evaluated, as appropriate, in Part C. Part C of the Application will assess potential Project-related impacts on the ability to exercise asserted and established Aboriginal rights, based on information available to the Proponent at the time of Application submission.

284 Tsleil- Section 5.3 Land Use The assessment of the land use VC is supported by regional and local growth Waututh (Land use) Are regional and municipal trade-based growth strategies (i.e. all those linked to the Asia- strategies and land use plans. The population and employment estimates that Nation Pacific Gateway) incorporated into the land use portion of the assessment? support these strategies and plans have been informed by regional, provincial, and national economic development and trade initiatives. As such, regional and municipal trade-based growth strategies are considered in the land use assessment.

285 Corporation of Section 1.0 Traffic The impact on how tolling might influence traffic volumes on other existing Fraser River Analysis shows that during rush hours, traffic volumes on the new bridge likely will Delta (Overview of crossings that are currently tolled and un-tolled needs to be explained, especially the impact increase, as some people switch from the congested Alex Fraser Bridge to the new the Project) to the nearest and un-tolled crossing the Alex Fraser Bridge. The additional impact from a bridge to take advantage of the time savings and increased reliability. That is the potentially tolled replacement Pattullo Bridge also needs to be taken into account. experience from other tolled crossings, and is what happened on the Port Mann Bridge. Outside of rush hours, the Proponent anticipates that some people will divert to the Alex Fraser Bridge to avoid paying the toll, while others will use it at all times of the day because of the convenience.

The dAIR is being revised to recognize and assess traffic as an Intermediate Component (IC). The revised dAIR will describe the methodology for assessing project related changes in traffic, that support the assessment of other ICs and VCS, including a rationale for the LAA and RAA for the Traffic IC. The future forecasted traffic presented in the Application includes both a tolled and untolled scenario.

Based on this methodology, the Application will provide an assessment of Project- related changes in traffic within the project area and relevant portions of the regional

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Traffic as an IC has been added as Section 5.1 of the dAIR

286 Corporation of Section 4.2 Sediment and The proposed locations for measuring water quality including turbidity and salinity during The Corporation of Delta will have opportunities to provide input on Environmental Delta (Sediment and Water Quality construction need to be identified and discussed with all relevant stakeholders for suitability. Management Plans, including those focusing on addressing potential effects on water Water Quality) Water from the Fraser River is used for agricultural purposes and the Corporation of Delta has quality, prior to the start of construction. Such plans will include the identification of a number of control structures within the vicinity of the Project that are used for in-take of water quality sampling locations. water during irrigation season.

287 Corporation of Section 4.2 Sediment and Will additional monitoring locations be installed during the decommissioning of the tunnel? An Environmental Management Plan, specific to Tunnel decommissioning will be Delta (Sediment and Water Quality What time of year is this expected and how long will it take to complete? developed prior to the start of such works and will include a water quality monitoring Water Quality) component.

The Corporation of Delta will have opportunities to provide input on the Environmental Management Plan developed to support Tunnel decommissioning prior to the start of such works.

The Tunnel will be decommissioned during the least risk window from a fisheries perspective. All work pertaining to Tunnel decommissioning is anticipated to be completed over the course of one year.

288 Corporation of Section 4.10 Atmospheric The proposed locations for measuring noise during construction need to be identified and The location of receptor sites utilized for the assessment of potential project noise Delta (Atmospheric Noise discussed with all relevant stakeholders for suitability. related effects will be included in the Application. If additional sites are Noise) recommended for noise monitoring during construction, the Proponent will discuss suggestions with relevant stakeholders.

289 Corporation of Section 4.10 Atmospheric The noise from expansion joints along the bridge deck can cause a nuisance to nearby The design requirements for the Project will include performance objectives related Delta (Atmospheric Noise residents and users of the bridge. The potential impacts and mitigation measures for any to the expansion joints to address potential noise as well as ride quality and safety Noise) significant noise impact should be addressed. The type of expansion joint used can also issues for cyclists. impact cyclists and should be looked into.

290 Corporation of Section 5.3 Land Use Any impact and subsequent mitigation measures to the Corporation of Delta’s dykes and the The Proponent will continue to consult with the Ministry of Forests, Lands, and Delta (Land Use) likely change of ground level at the south end of the bridge needs to be fully addressed. Natural Resource Operations, the Deputy Inspector of Dikes office, the Corporation of Delta, and the City of Richmond regarding works and approvals on and near dikes within the Project alignment.

291 Corporation of Section 5.3 Land Use The utilisation of spaces underneath the raised alignment on the south end of the bridge The Proponent will continue to consult with the Corporation of Delta regarding the Delta (Land Use) should be maximised in order to provide a well-lit recreational space that will enhance the utilization of space under the southern approach to the new bridge to optimize already existing Millennium trail and provide additional benefits to pedestrians and cyclists. benefits to users.

292 Corporation of Section 5.4 Agricultural Use All irrigation and drainage culverts and control structures to be impacted by the Project need Potential project-related effects on farm infrastructure, including irrigation and Delta (Agricultural to be identified. drainage works, will be considered under the assessment of the agriculture VC. Use)

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George Massey Tunnel Replacement Project Round 2- Technical Working Group comments and responses on the draft Application Information Requirements March-April, 2016 No. Stakeholder DAIR Section Subject Comment/ Inquiry (Round 2) Response Group 293 Corporation of Section 7.0 Human Health What are the impacts to transit users at the rapid bus stations with regards to air quality and A specific assessment of potential project-related effects on transit users will not be Delta (Health Effects noise, and how will these be mitigated? provided for in the Application. However, potential project related effects on human Assessment) health will be considered under the Health VC and will be supported by the assessment of project-related changes in air quality and noise within the LAA and RAAs described in the dAIR. The human health risk assessment supporting the assessment of the health VC is conservative and assumes a high exposure to air and noise. In this regard, it is assumed to capture the potential effects to human health for people using all areas within the Project corridor including transit facilities.

294 Corporation of Section 8.0 Accidents and Due to the additional marine traffic that is expected during construction to assist in the Mitigation to address and respond to potential spills during the construction phase, Delta (Accidents and Malfunctions Project, stringent prevention of spill procedures and suitable mitigation measures need to be including a communications plans to inform applicable stakeholders, will be discussed Malfunctions) developed. A communication plan also needs to be developed with all applicable stakeholders in the Accidents and Malfunctions section of the Application and included in during the event of a spill in the river. environmental management plans to be developed prior to the onset of construction works. 295 Corporation of Section 8.0 Accidents and The Tunnel Transportation of Dangerous Goods Regulation Transportation Act does not Responses to incidents on provincial highways, including those involving the Delta (Accidents and Malfunctions currently apply to the George Massey Tunnel. It is anticipated that the new bridge and transportation of dangerous goods, are governed by the Ministry’s road and bridge Malfunctions) Highway 99 improvements will cater for the movement of dangerous goods? If so how will maintenance standards and specifications. this impact the emergency services and their operations and procedures? Depending on the nature of such incidents, the maintenance contractors form part of the team, working with other emergency service providers, responding to such events.

The movement of dangerous goods on the Bridge is not anticipated to impact emergency services and their operations and procedures.

296 Corporation of Section 12.0 Traffic Will the assessment of traffic management during construction include for the potential The dAIR is being revised to recognize traffic as an Intermediate Component (IC). The Delta (Management Management partial traffic shift to other Fraser River crossings in order to avoid construction delays? Will revised dAIR will describe the methodology for assessing project related changes in Plans) specific technical plans, performance objectives and communication requirements be put traffic that support the assessment of other ICs and VCS, including describing the together for alternative impacted Fraser River crossings? scope of such effects.

The assessment of traffic as an Intermediate Component will include a consideration of potential traffic effects during the construction phase. The assessment will include a consideration of construction phase effects on traffic and identify appropriate mitigation to address such effects.

297 Ministry of Section 4.8 Terrestrial ( with regards to improving habitat connectivity across Deas Island Regional Park) It is FLNRO’s Connectivity on Deas Island will be improved primarily due to the decommissioning of Forests, Lands, (Terrestrial Wildlife understanding that the middle segments of the tunnel would be removed during infrastructure which currently bisects the island. Removal of this infrastructure will and Natural Wildlife) decommissioning, while the end segments remained in place. If segments at either end of allow improved habitat connectivity on the south side of the island. Resource tunnel remain in situ, it is unclear as to how connectivity will be improved. Operations 298 Ministry of Section 4.5 (At- At-risk (with regards to change of LAA of at-risk amphibians) Effects of siltation and run-off during Construction effects will be temporary, and are able to be controlled through Forests, Lands, risk amphibians) Amphibians construction, as well as on-going run-off, may extend well beyond the road allowance. FLNRO standard erosion control and sediment management practices. The management of and Natural believes that insufficient evidence has been provided in order to limit the LSA in this manner. road runoff (during operations) will be improved in many areas over that currently Resource experienced due to the implementation of new approaches to storm water Operations management including the collection and treatment of such runoff.

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George Massey Tunnel Replacement Project Round 2- Technical Working Group comments and responses on the draft Application Information Requirements March-April, 2016 No. Stakeholder DAIR Section Subject Comment/ Inquiry (Round 2) Response Group Mitigation measures available to manage siltation and run off during construction (and operation) are considered to be proven to be effective such that the spatial scope of the assessment can be limited to the LAA described in the dAIR.

299 Ministry of Section 4.5 (At- At-risk Habitat assessments, and historical data where available, will be used in addition to Forests, Lands, risk amphibians) Amphibians FLNRO recognizes the utility of DNA tools to demonstrate the presence of rare amphibians. eDNA methods to understand and determine amphibian presence. and Natural However, at this time, due to uncertainty inherent in the technique, it does not believe that Resource this tool by itself provides the basis for determining that there are no rare amphibians or Operations reptiles in the vicinity. Use of this tool to demonstrate absence of rare amphibians or reptiles must be supported by appropriate field sampling techniques.

300 Ministry of Section 4.4 Wildlife Section 4.4.3 Potential Effects indicates: Based on studies completed to date, no critical Specific studies, and background information reviewed, supporting this conclusion will Forests, Lands, (Terrestrial habitat has been identified within or adjacent to the Project alignment for any SARA-listed be included in the Application. and Natural Wildlife) species. Please provide the studies supporting this conclusion. Resource Operations

No. Stakeholder DAIR Section Subject Comment/ Inquiry (Round 2) Response Comment/ Inquiry Response Group 301 Musqueam Section 1.0 Tunnel The Proponent will include a description of the More detail on the specific information The Proponent has provided some Indian Band (Overview of Decommissioning A detailed plan for tunnel decommissioning must proposed tunnel decommissioning method in Section requirement is necessary to ensure additional detail in the dAIR on what the Project) be an Application information requirement. 1 of the Application. As mentioned during the accuracy, clarity and transparency (e.g., it information describing At the March 10, 2016 Working Group meeting, Technical Working Group meeting (March 10, 2016), is simplistic and inaccurate to describe the decommissioning will be provided in the Proponent indicated that it was not intending the decommissioning process is expected to be the decommissioning process "as the reverse the Application. to include a detailed plan, but only a “reference reverse of how the Tunnel was originally installed. of how the tunnel was originally installed"). plan” (i.e., high-level detail), for tunnel The Application will include a detailed overview of the Musqueam's request for a detailed plan The following detail has been decommissioning. This is not an acceptable specific activities associated with this process to has not been properly acknowledged or included in Section 1.1 of the dAIR approach given that tunnel decommissioning is a support the assessment of potential effects and addressed. The response indicates that under Construction, to describe the central component of the overall project and has identify appropriate mitigation. Key steps in this only an "overview" rather than a method of tunnel decommissioning) an as-yet indeterminable set of impact pathways process include: "description" of the tunnel  Decommissioning of the Tunnel and likelihood of adverse effects on the decommissioning process will be provided. and removal of the four in-river biophysical environment and Musqueam rights - Cleaning of the inside of the Tunnel and For an EA that purports to address the tunnel segments, which is and interests – such determination only being removal of all non-structural elements adverse effects on Musqueam rights, this anticipated to take place over possible with the provision of detailed - Removal of the rock protection layer lack of detail to the specific activities and the course of one construction information on the proposed physical works and surrounding the Tunnel components related to decommissioning is season (i.e. between freshets), activities required. - Cutting of the closure joints between Tunnel unacceptable. will involve the following key elements steps: A detailed plan that sets out the scope for all - Release, lifting, and floatation of Tunnel In addition, Musqueam requests o Measures, including tunnel decommissioning activities, including the elements out of the trench using barges and opportunity to review the specific wording adherence to least-risk specific methods and equipment to be used, cranes that will be used in the revised version of timing windows to avoid temporary ancillary project components and - Transport of Tunnel elements for off-site the dAIR; effects on fish and fish staging areas, a description of the anticipated recycling habitat and fishing post-decommissioning condition of the river bed - Monitoring of the tunnel trench as it naturally o Cleaning of the inside of and foreshore, and the anticipated timing and fills with river sand over time the Tunnel and removal

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302 Musqueam Section 1.4 Project In 2013/2014 a multiple accounts evaluation (MAE) Musqueam strongly disagrees that the The Proponent supports that the Indian Band (Alternatives alternatives Musqueam requests the additional draft criteria was completed for the George Massey Tunnel 2013/2014 MAE has incorporated - in any methodology employed for the MAE to the Project) be incorporated into the dAIR and used as part of replacement project. Findings of this evaluation are meaningful sense - MIB's criteria. The provides an appropriate level of the basis of evaluating alternatives: presented in a report titled “George Massey Tunnel contention that somehow a generalized analysis to support an assessment of Replacement Project, Evaluation of Crossing evaluation of environmental and social alternatives and will defer to EAO on 1. Avoiding or minimizing further adverse effects Scenarios, 2014” available on the Project web site at considerations, without meaningful the adequacy of EA related on Musqueam Aboriginal rights and title the following web consultation with Musqueam on project consultation. interests and practices; address: https://engage.gov.bc.ca/masseytunnel/doc alternatives 2. Least further impact on fish and fish habitat; umentlibrary/. 3. Least further impact on other harvested Musqueam has not been meaningfully species; A summary of the work undertaken to identify and consulted on the alternatives analysis to 4. Least impact on Musqueam aquatic analyze the five replacement scenarios, including the date, and therefore we reiterates our restoration priorities; MAE methodology used and the findings of the request that an alternatives assessment be 5. Least impact on Musqueam physical cultural evaluation, will be included in the Application. undertaken collaboratively with proper heritage; consideration of Musqueam criteria. 6. Least impact on visual quality, including The five project alternatives assessed included Musqueam cultural landscape; different bridge as well as tunnel options. A scenario 7. Lowest potential for accidents and involving upgrades to the existing tunnel with no malfunctions; and capacity improvements, and two scenarios involving 8. Least impact on Musqueam navigability. the installation of a smaller bridge or tunnel to operate in conjunction with upgrades to the existing Musqueam wants to be involved in a formal tunnel were included in the assessment. Multiple Accounts Evaluation of all proposed Project alternatives. The following evaluation criteria, in addition to capital

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The preferred alternative (i.e., project described in the Project Description and Key Areas of Study document), which includes no piers within the mainstem of the Fraser River, avoids potential effects on fish and fish habitat values and has the least effect on navigation during the construction phase. The preferred alternative also rated the highest with respect to meeting safety objectives, including incident response requirements.

303 Musqueam Section 3.10 Cumulative Proponent must include a pre-industrial Feedback from EAO to the Indian Band (Cumulative Effects This section should require pre-industrial The methodology followed with respect to describing temporal boundary to understand the Proponent has indicated that the Effects) temporal boundaries for understanding the existing conditions follows the EAO’s Guideline for the transformation of many Aboriginal rights- methodology employed to support trajectory of change of many Aboriginal rights- Selection of Valued Components and Assessment of based harvesting practices and related the assessment of the Project is based harvesting practices and related indicator Potential Effects. Following this methodology, the indicator species. consistent with EAO guidelines. species. This precedent is already established in description of existing conditions provides for a Canadian environmental assessment.1 consideration of the effects of previous development on specific VCs. As such, the description of existing conditions for each VC will reference natural or human-caused trends that may have influenced the existing condition or future trajectory of such conditions.

304 Musqueam Section 3.10 Cumulative Musqueam acknowledges commitment to The Proponent is following EA best

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George Massey Tunnel Replacement Project Round 2- Technical Working Group comments and responses on the draft Application Information Requirements March-April, 2016 No. Stakeholder DAIR Section Subject Comment/ Inquiry (Round 2) Response Comment/ Inquiry Response Group Indian Band (Cumulative Effects Comment: The list of past, present and The Proponent is reviewing the preliminary list of revise project inclusion list to include practice with respect to the inclusion Effects) reasonably foreseeable projects and activities to present, and reasonably foreseeable projects Lehigh Hanson South Richmond Terminal. of foreseeable projects into the be included in the CEA is too limited. currently included in the dAIR and will provide a cumulative effects assessment of the Requested Change: Please add the following to revised listing in the next iteration that will be However, Musqueam objects to the Project. The Proponent is prepared the CEA project inclusion list: circulated to the Technical Working Group. This will unsupportable claim that the Proponent to include additional projects that 1. Current and future shipping activity levels include the Lehigh Hanson South Richmond Terminal and the Crown are "unaware" of industry are clearly defined but cannot established within the Lower Fraser River by proposal. and government proposals to expand port include generalized future publicly-available scenario analyses, reasonably facilities and activities along the South Arm development. foreseeable dredging activities, as well as a The new bridge will be the same height above the of the Fraser, which would in all likelihood number of PMV- reviewable projects (e.g., Lehigh water as the Alex Fraser Bridge. Removing the Tunnel involve deepening the of shipping lanes. Hanson Materials Ltd.’s proposed South and will not result in changes to the size of vessels Given the public nature of this information, Richmond Terminal) on the South Arm of the using the Fraser River South Arm channel, as the top the Proponent's denial of any knowledge Fraser River; and of the Tunnel is level with the bottom of the River. of the potential of the project to induce 2. Future industrial disturbance scenarios Other factors, including the Metro Vancouver water further commercial shipping development associated with tunnel removal, including main to the west of the Tunnel, and the width of the on the Fraser River is not believable; dredging of the South Arm of the Fraser River, river itself, limit the size of vessels that can navigate rather, it appears to be little more than an increased large-vessel traffic and expansion of the river. unreasonable refusal to consult on the port facilities, and related rail and road effects of a strategic decision, as well as infrastructure, throughout the Fraser estuary. Dredging to deepen the river is not a component of the cumulative effects stemming from the this Project and the Proponent is unaware of any tunnel decommissioning component of the plans to dredge the river deeper. Project.

Section 3.10 of the DAIR has been updated to include Lehigh Hanson South Richmond Terminal proposal in the cumulative effects assessment.

305 Musqueam Section 3.10 Cumulative The Proponent will follow EAO’s guidance on including To be confirmed with the EAO. It is the Proponents understanding Indian Band (Cumulative Effects Comment: The Proponent has proposed a cut-off potential future developments in the assessment, if that EAO has followed up with Effects) date for consideration of any new future such developments are identified after approval of the Musqueam on this. developments that coincides with the EAO’s AIR, but prior to acceptance of the Application. approval of the AIR. Musqueam views this cut-off date is as premature and could potentially limit Reference to a cut-off date related to incorporating the scope of the Cumulative Effects Assessment potential future developments has been removed to consider the effects of new projects that may from the dAIR in Section 3.10. be announced in the near future. Musqueam acknowledges that the project inclusion list will not include consideration of any projects or activities that have not been proposed within a month or two in advance of the draft Application being filed, however, should any major future projects or activities be proposed following that date, a reasonable approach should be taken to ensure that they are considered. Requested Change: Please revise the AIR to

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306 Musqueam Section 3.1 Selection of The proposed Project is not subject to review under Musqueam does not accept this response Feedback from EAO to the Indian Band (Issues Valued The unsupported and unorthodox “Pathway CEAA 2012. The Proponent has followed the on the following grounds: Proponent has indicated that the Scoping) re: Components Components” (PC) methodology has been applied methodology for VC selection provided by the EAO in methodology employed to support Section 4.2 to this VC. their guidance document titled “Guideline for the 1. While we appreciate that water quality the assessment of the Project is (Sediment and Musqueam has previous objected to this Selection of Valued Components and Assessment of effects other VCs, for Musqueam, water consistent with EAO guidelines. Water Quality approach for the following reasons: Potential Effects, 2013.” Specifically, the quality is an ultimate receptor or valued determination on whether to assess a component as a component in and of itself that must be The Proponent supports that the VC or a pathway component was informed by the assessed for project-specific and consideration of water quality, as an -reviewed literature following guidance provided in the document on cumulative effects, and for which a intermediate component, remains an considering the inter-relationship between candidate significance determination must be effective approach for identifying e VCs: undertaken; and addressing potential effects on determination on certain VCs of concern to 2. The list of VCs should reflect the Crown's water quality and other values, Musqueam and other parties (e.g., air quality, “A candidate VC may comprise one ‘step’ of a pathway willingness to consult with us in a including aboriginal rights, that may water quality) along which a project effect travels (Figure 4): a meaningful manner that shows influenced through the pathway of change in the candidate VC may lead to another effect appropriate responsiveness; effects. Musqueam notes a similar approach was on another candidate VC. For example, sediment- 3. This down-grading of water quality to a proposed by the laden discharge from a project to a stream may "PC" amounts to a diminishment of the Proponent in other project review (e.g., WesPac) adversely affect water quality and benthic habitat. assessment of the Project's impacts to our but was removed at the request of working group These changes may consequently affect the health and rights; members. survival of fish that depend on those habitat 4. This practice of not properly assessing Requested Change: Please revise and re-assign attributes. In most cases, rather than include water quality for significance appears to be this component as a VC. intermediate components as VCs, the assessment inconsistent and discretionary, and is should focus on the ultimate receptor or component therefore prejudicial to a proper that is of concern, and select that as the VC. In this assessment of effects on our rights. example, the most appropriate VC may be fish, and the assessment of potential effects on fish would study and take into consideration the intermediate effects of the project on water quality and benthic habitat.” (Page 11, Guideline for the Selection of Valued Components and Assessment of Potential Effects, 2013).

Sediment and Water Quality is considered as an intermediate component along the pathway of effects

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Sediment and Water Quality is therefore assessed as a pathway component, and potential Project-related effects on sediment and water quality will be evaluated in terms of their influence on the ultimate receptor components (i.e. Fish and Fish Habitat, Marine Mammals, At-risk Amphibians, and Vegetation). This is consistent with guidance provided by the EAO as discussed above and is a recognized approach and methodology for such assessments.

307 Musqueam Section 3.1 Selection of Consistent with guidance provided by the EAO (as Musqueam requests that any assessment The assessment of underwater noise, Indian Band (Issues Valued See Comment MIB-007 above. (comment 304) discussed in the response to comment #304), of underwater noise be subject to a as an Intermediate Component, Scoping) re: Components Requested Change: Please revise and re-assign Underwater Noise is considered an intermediate cumulative effects assessment. provides for assessment of Section 4.3 this component as a VC. component along the pathway of effects of the cumulative change. (Underwater Project, with other candidate VCs such as fish and fish noise) habitat and marine mammals being ultimate receptors of Project-related changes in underwater noise. Underwater Noise is therefore assessed as a pathway component, and potential Project-related effects on underwater noise conditions are evaluated in terms of their influence on the ultimate receptor components (i.e. Fish and Fish Habitat, and Marine Mammals).

308 Musqueam Section 3.1 Selection of Musqueam does not accept this response Feedback from EAO to the Indian Band (Issues Valued See Comment MIB-007 above. (comment 304) Consistent with guidance provided by the EAO (as on the following grounds: Proponent has indicated that the Scoping) re: Components Requested Change: Please revise and re-assign discussed in the response to comment #304), Air methodology employed to support Section 4.9 this component as a VC. Quality is considered an intermediate component 1. While we appreciate that air quality the assessment of the Project is (Air Quality) along the pathway of effects of the Project, with other effects other VCs, for Musqueam, air consistent with EAO guidelines. candidate VCs such as human health being ultimate quality is an ultimate receptor or valued receptors of Project-related changes in air quality. Air component in and of itself that must be The Proponent supports that the Quality is therefore assessed as a pathway component assessed for project-specific and consideration of air quality, as an and potential Project-related effects on ambient air cumulative effects, and for which a Intermediate Component, remains quality will be evaluated in terms of their influence on significance determination must be an effective approach for identifying the ultimate receptor component (i.e. Human Health). undertaken; and addressing potential effects on 2. The list of VCs should reflect the Crown's water quality and other values, willingness to consult with us in a including aboriginal rights, that may meaningful manner that shows influenced through the pathway of appropriate responsiveness; effects. 3. This down-grading of air quality to a

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George Massey Tunnel Replacement Project Round 2- Technical Working Group comments and responses on the draft Application Information Requirements March-April, 2016 No. Stakeholder DAIR Section Subject Comment/ Inquiry (Round 2) Response Comment/ Inquiry Response Group "PC" amounts to a diminishment of the assessment of the Project's impacts to our rights; 4. This practice of not properly assessing water quality for significance appears to be inconsistent and discretionary, and is therefore prejudicial to a proper assessment of effects on our rights. 309 Musqueam Section 3.1 Selection of Musqueam does not accept this response Feedback from EAO to the Indian Band (Issues Valued See Comment MIB-007 above. (comment 304) Consistent with guidance provided by the EAO (as on the following grounds: Proponent has indicated that the Scoping) re: Components Requested Change: Please revise and re-assign discussed in the response to comment #304), methodology employed to support Section 4.10 this component as a VC. Atmospheric Noise is considered an intermediate 1. While we appreciate that Atmospheric the assessment of the Project is (Atmospheric component along the pathway of effects of the Noise effects other VCs, for Musqueam, consistent with EAO guidelines. Noise) Project, with other candidate VCs such as human Atmospheric Noise is an ultimate receptor health and wildlife being ultimate receptors of or valued component in and of itself that The Proponent supports that the Project-related changes in ambient noise levels. must be assessed for project-specific and consideration of noise, as an Atmospheric Noise is therefore assessed as a pathway cumulative effects, and for which a Intermediate Component, remains component, and potential Project-related effects on significance determination must be an effective approach for identifying ambient noise conditions will be evaluated in terms of undertaken; and addressing potential effects on their influence on the ultimate receptor component 2. The list of VCs should reflect the Crown's water quality and other values, (i.e. Human Health). willingness to consult with us in a including aboriginal rights, that may meaningful manner that shows influenced through the pathway of appropriate responsiveness; effects. 3. This down-grading of Atmospheric Noise to a "PC" amounts to a diminishment of the assessment of the Project's impacts to our rights; 4. This practice of not properly assessing Atmospheric Noise for significance appears to be inconsistent and discretionary, and is therefore prejudicial to a proper assessment of effects on our rights. 310 Musqueam Section 4.2 Existing Musqueam is concerned that the reference The requirement for specificity about Indian Band (Sediment and Conditions Requested Change: Please add to subsection Text in the dAIR regarding the collection of baseline to sampling "in the vicinity of the Tunnel" where sediment sampling is water Quality) 4.2.2, re: collection of baseline information on information has been clarified and now includes the does not provided adequate clarity to undertaken to support Tunnel sediment and water quality, a requirement to following: “Sediment quality in the vicinity of the ensure that sampling is undertaken of decommissioning is a matter that is characterize, through field sampling, the existing Tunnel will be characterized through field sampling. sediments that are located both beneath appropriately considered and levels of contaminants of potential concern This will include a consideration of levels of the tunnel and along the sides of the addressed during the Application (COPCs) in sediments beneath and surrounding contaminants of potential concern (COPCs) in tunnel, prior to the tunnel sections being Review. the tunnel structure. sediments in the vicinity of the tunnel.” decommissioned. Please revise appropriately. The Proponent supports that no Such field work has been identified for inclusion in the further revisions are required to the Sediment and Water Quality section to support both dAIR in regards to this comment. project planning and the assessment of potential effects that will be outlined in the Application.

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311 Musqueam Section 4.2 Potential Effects Prior to the dAIR being finalized, Studies undertaken indicate that Indian Band (Sediment and Requested Change: Please add to subsection Text in the dAIR regarding the scope of the human Musqueam is seeking clarification for why levels of contaminants in sediment water Quality) 4.2.3, the following requirement: health risk assessment to be reported on in the a HHRA would only be undertaken if there are extremely low such that Project- Pending findings of existing condition (i.e., Application has been refined as follows: was "high likelihood for high related risks to human health, over contamination) of Fraser River sediment in concentrations of COPCs to be introduced and above the level of such risks that proximity to project, a Human Health Risk If the presence of contaminants of potential concern into the local food sources" (i.e., the exist in the general population, Assessment must be undertaken related to (COPCs) is detected in Fraser River sediment in threshold for an HHRA). For instance, it would not be detectable. transport of COPCs re-suspended through tunnel proximity to the Project, the potential for would seem reasonable that even a low- to removal (and other construction activities), and resuspension of COPCs as a result of Project related moderate likelihood of high concentrations entry of contaminants into the local food sources activities will be evaluated. Where it is determined of COPCs being introduced into the food (e.g., sturgeon, salmon, eulachon) relied upon by that there is a high likelihood for high concentrations system should be sufficient to trigger an Musqueam harvesters. of COPCs to be introduced into local food sources (i.e., HHRA. fish) a human health risk assessment will be undertaken. Musqueam also is seeking clarity on the methodology that would be utilized to The determination of whether to undertake the make this decision on whether to proceed human health risk assessment will be supported by a with an HHRA. rationale, including a discussion of the assumed concentrations of COPCs in the water column.

Section 7.1.3 of the dAIR has been revised as indicated.

312 Musqueam Section 5.2 Marine Use Dredging to deepen the river is not a component of Musqueam objects to the unsupportable Feedback from EAO to the Indian Band (Marine Use) Requested change: Musqueam requests that this this Project and the Proponent is not aware of any claim that the Proponent and the Crown Proponent has indicated that the component of the Marine Use assessment be plans to deepen the channel. As such, the Proponent are "unaware" of industry and government methodology employed to support amended to consider a number of different future has not included such scenarios within the assessment proposals to expand port facilities and the assessment of the Project is scenarios in land and navigable waters use, one of the Marine Use VC. activities along the South Arm of the consistent with EAO guidelines. of which considers how the removal of the GM Fraser, which would in all likelihood involve Tunnel may induce, along with subsequent All studies, data, or information used to support the the deepening of shipping lanes. The Proponent is aware of growth in dredging activities, increased large vessel traffic assessment of potential Project-related effects on the trade in the region in general and along the Fraser River, and considers the benefits marine use will be referenced in the Application and Musqueam maintains that the Proponent some specific projects are included in and risks across all VCs (and on Aboriginal rights shared with the Technical Working Group. must be required to consider potential the cumulative effects assessment. and interests) of both increased dredging and future cumulative effects scenarios related The Proponent is prepared to include increased large vessel traffic in the Lower Fraser to increased shipping effects on the Fraser additional, known and defined, across this range of scenarios. River induced by the removal of the tunnel projects in the cumulative effects It is further understood that MOTI has already structure. The long-term effects of what assessment for the Project. commissioned certain studies on this topic. MOTI amounts to being a key strategic outcome should be dealing directly with Musqueam re: of the proposed tunnel decommissioning There are many barriers with respect consultation requirements and inputs/capacity must be assessed at this stage. to dredging the south arm of the required for effects on Musqueam land and Fraser to support increased shipping navigable waters use to be properly assessed. and a major dredging program to facilitate enhanced shipping is beyond the scope of the proposed

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313 Musqueam Section 5.3 Land Use Musqueam maintains that the Proponent As above. Indian Band (Land Use) Comment: On March 10, 2016, MOTI informed The study referenced by MIB is focused on assessing must be required to consider potential the Technical Working Group that it has the relationship between the Project and the future cumulative effects scenarios related commissioned induced growth studies to assess implementation of existing regional and municipal to increased use of lands along the South potential changes in land-use in Delta/Surrey land use plans, and includes a consideration of the Arm of the Fraser River for industrial regions caused by the Project’s effects on the potential for induced development. Accordingly, (shipping) purposes, induced by the road transportation system i.e., reduced road the assessment of the Land Use VC relates to land removal of the tunnel structure. The long- travel times). use scenarios described within regional and local term effects of what amounts to being a government plans. key strategic outcome of the proposed Requested change: Musqueam requests that this tunnel decommissioning must be assessed component of the Land Use assessment be Dredging to deepen the river is not a component of at this stage. amended to consider a number of different future the Project and the Proponent is not aware of any scenarios in land use, of which at least one should plans to deepen the channel.

also consider how the removal of the GM Tunnel may induce (through removal of a key obstacle to deeper dredging of the navigational channel to facilitate large vessel traffic) port development along the banks of the South Arm of the Fraser River.

314 Musqueam Section 3.1 Selection of Musqueam's request for revision has been Feedback from EAO to the Indian Band (Issues Valued Gap in VCs identified in the dAIR: Current Use of Information regarding past, present, and anticipated largely ignored by this response. Proponent has indicated that the Scoping) Components Lands and Resources for Traditional Purposes future use of lands, waters, and resources in the Musqueam seeks further consultation on methodology employed to support Comment: Musqueam is concerned that “Part C” Project area directly linked to the exercise of this matter, prior to the completion of the the assessment of the Project is of the dAIR does not currently require (1) a Aboriginal Interests (meaning asserted or determined dAIR. consistent with EAO guidelines. cumulative effects assessment, (2) significance Aboriginal rights, including title, and treaty rights), as determination, or (3) accidents and malfunctions, well as an assessment of potential Project-related CULRTP has become a standard VC for when considering effects on our rights-based impacts on the exercise of those Aboriginal Interests, most EAs conducted by the EAO over the activities. will be presented in Part C, per EAO requirements. As last several years. To ensure that this EA is Requested Change: If Part C is not going to the environmental assessment for the Project is not not undertaken in a manner that is sub- incorporate these essential elements of subject to review under CEAA 2012, an assessment of standard to other Crown assessments, at environmental assessment as pertains to our potential effects on 5(1) (c) factors, per Section 5 and minimum the Proponent must include a rights, Musqueam requests that the dAIR 19(1) of that statute, is not required. requirement CULRTP VC, or its equivalent require an assessment of “Current Use of Lands in the AIR. and Resources for Traditional Purposes” (CULRTP), including a cumulative effects Furthermore, an any assessment of effects assessment and a significance determination on Musqueam rights-based harvesting analysis, as a stand-alone VC. Musqueam notes practices and culture must include a that CULRTP has become a standard VC for most cumulative effects assessment and

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315 Musqueam Section 3.1 Selection of Effects of the Project on economic conditions are Musqueam's request for revision has been Technical work and consultation Indian Band (Issues Valued Gap in VCs identified in the dAIR: Economic anticipated to be positive, and the economic pillar of completely ignored by this response. undertaken to support the planning Scoping) Components Conditions the EAO framework will be considered in the context of the Project has not identified Comment: The assumption that all effects on VCs of project benefits in Part A of the Application. Musqueam seeks further consultation on potential adverse Project related are expected to be positive is flawed and an this matter, prior to the completion of the economic effects. unacceptable rationale for excluding the In accordance with EAO methodology, the Application dAIR. assessment of economic effects of this Project. will describe the economic benefits of the Project The Proponent will work with Not all economic costs and benefits of the project including user benefits (i.e., travel time savings and Musqueam during Project delivery to will be distributed evenly, and the most reliability), safety benefits, as well as employment ensure access for Musqueam to vulnerable sub-populations, explicitly including (jobs created) during construction and operation, and continue to exercise their aboriginal First Nations, will likely bear greater costs and related direct and indirect inputs to the economy. right to fish is maintained and that reap fewer benefits than the general population. this potential effect is easily avoided. For example, in contrast to the Proponent’s Throughout the construction period, including unsubstantiated claims of a uniform positive decommissioning, least-risk timing windows and economic benefit to all groups and communities applicable mitigation measures for specific activities located in the lower Fraser valley, Musqueam will be incorporated to minimize impacts to fishers. notes that there is a high likelihood of adverse economic impacts of bridge construction and The assessment of the Marine Use VC will identify tunnel decommissioning on Musqueam fishers. potential effects of Bridge construction and Tunnel Unless this VC is assessed as part of this EA, and decommissioning on all users and will identify the effects are considered severally for measures to avoid, reduce, or otherwise manage Musqueam (i.e., disaggregated from the general potential economic effects on the Musqueam Indian population), this impact will not be properly Band including, but not limited to, those that may be assessed. It is therefore essential not only that tied to their rights to fish. This information will be this VC be included in the EA, but that any considered further in Section 10.1.3 or 10.2 of Part C, assessment of economic conditions provide as appropriate. disaggregated assessment of economic effects on First Nations. The Proponent acknowledges Musqueam Indian Band’s interest in further dialogue on this topic and Requested Change: A VC for Economic will coordinate arrangements with the EAO. Conditions must be included. It is not only essential for assessing effects on the human environment, but it is also one of the “5 pillars” for EA as set out under the EAO’s “Guidelines for the Selection of Valued Components and Assessment of Potential Effects” (2013). In addition, the Proponent needs to identify all

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316 Musqueam Section 3.1 Selection of As the environmental assessment for the Project is Musqueam's request for revision has been Feedback from EAO to the Indian Band (Issues Valued Gap in VCs identified in the dAIR: Socio-economic not subject to review under CEAA 2012, an ignored by this response. Proponent has indicated that the Scoping); Components conditions for Aboriginal peoples assessment of 5(1) (c) factors, per Section 5 and 19(1) methodology employed to support Section 5.0 Requested Change: Please add requirement of that statute, is not required. Where First Nations Musqueam seeks further consultation on the assessment of the Project is (Socio- (under Economic and Social VCs) for have specifically identified socio-economic matters of this matter, prior to the completion of the consistent with EAO guidelines. economic disaggregated assessment of project effects on concern, these matters will be addressed in Part C dAIR. Effects the socio-economic conditions of Musqueam (Section 12.2). Assessment) community members. Note: This VC overlaps with federal requirements under CEAA 2012, Section 5(1) (c) that would normally be required in any EA for a project of this scale, complexity and magnitude. 317 Musqueam Section 3.1 Selection of Musqueam's request for revision has been Feedback from EAO to the Indian Band (Issues Valued Gap in VCs identified in the dAIR: Semi-tangible An assessment of potential effects of a change to the ignored by this response. Proponent has indicated that the Scoping); Components to intangible Aboriginal cultural heritage environment on the cultural heritage of Aboriginal methodology employed to support Section 6.0 Comment: This requirement has been included in people is a specific requirement under Section 5(1) (c) Musqueam seeks further consultation on the assessment of the Project is (Heritage the provincial EA for WesPac Tilbury LNG. of the Canadian Environmental Assessment Act, 2012 this matter, prior to the completion of the consistent with EAO guidelines. Effects Requested Change: Please add consideration of (CEAA 2012). As the environmental assessment for dAIR. Assessment) effects on semi-tangible to intangible Aboriginal the Project is not subject to review under CEAA 2012, cultural heritage (e.g., cultural landscapes) as a an assessment of 5(1)(c) factors, per Section 5 and VC subcomponent to either the VC for Cultural 19(1) of that statute, is not required; however, Heritage or VC for CULRTP (see above). In cultural heritage will be considered in the assessment addition, Musqueam requests the Proponent to of potential Project-related impacts on the exercise of consult with us on the scope of this VC prior to its Aboriginal Interests presented in Part C (Section inclusion in the next round of the dAIR. 10.1.3).

The Proponent acknowledges Musqueam Indian Band’s interest in further dialogue on this topic and will coordinate arrangements with the EAO.

318 Musqueam Section 4.4 Fish and Fish It is unclear to Musqueam what the Desktop studies on fisheries values in Indian Band (Fish and Fish Habitat Suggested changes: The comprehensive approach taken to collect baseline Proponent intends to undertake for its the Project area provide sufficient Habitat) Existing Conditions: Given the threatened status information to support the assessment of potential methodology information to support the of white sturgeon and eulachon, Musqueam effects on fish and fish habitat is based on assumed assessment of potential effects and requests that the Proponent undertake field project activities that could be expected to have the Musqueam maintains that the dAIR be the development of effective studies to establish a baseline of current same or similar effects on the range of fish species revised to require the Proponent to mitigation. population abundance and distribution of these that could potentially occur in the Project area. undertake field studies to establish current species within portions of the South Arm of the conditions for white sturgeon and Fraser River, including Deas Slough, Ladner Reach The assessment of potential effects on the threatened eulachon, prior to undertaking an effects and the South Arm Marshes. species noted takes a conservative approach and assessment. This is essential to properly

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An assessment of the potential effects of the Project on general fish distribution will be completed and included in the Application.

319 Musqueam Section 4.4 Fish and Fish The Deas Slough Bridge, with piers in Deas Slough, will Musqueam Indian Band provided no ------Indian Band (Fish and Fish Habitat Comment/Request: be removed and replaced with a clear span. The piers further comments Habitat) Please clarify the nature (including purpose) and proposed along the edges of Green and Deas sloughs extent of the “piers” that are proposed to be are intended to support the bridge approaches that installed “along the edges of Green and Deas span Deas Slough. In some locations, due to the Sloughs” (p. 31) narrow peninsulas that form the approaches to Deas Slough, the proposed pier locations may encroach marginally on the fringes of the two watercourses.

The Application will provide details on proposed enhancements for any potential adverse effects.

320 Musqueam Section 4.4 Fish and Fish The determination that no critical habitat has been Musqueam requests that the AIR require Desktop studies on fisheries values in Indian Band (Fish and Fish Habitat Comment/Request: identified within or adjacent to the Project alignment the Proponent to work with Musqueam to the Project area provide sufficient Habitat) Please clarify whether the conclusion that “no for any SARA-listed species includes consideration of identify critical sturgeon and eulachon information to support the critical habitat has been identified within or white sturgeon and eulachon notwithstanding that habitat in the vicinity of the Project, and assessment of potential effects and adjacent to the Project alignment for any SARA- neither the Lower Fraser River white sturgeon nor further, to require the proponent to assess the development of effective listed species” includes reference to species (and Fraser River eulachon population is currently listed the potential effects of the Project on that mitigation. related habitat) for species of special cultural under SARA Schedule 1, and no critical habitat has habitat. concern to Musqueam, such as white sturgeon been defined for either of these populations. Notwithstanding desktop studies and eulachon. that have been undertaken, and Musqueam fishers’ knowledge and experience It is acknowledged that the Project alignment overlaps recognizing Musqueam’s interest in indicates that Deas Slough and adjacent areas are with important habitat for both of these species, and eulachon and sturgeon, the part of the little remaining sturgeon habitat on regardless of any status under SARA, the Project team Proponent is committed to working the lower Fraser River and that sturgeon are welcomes further discussion regarding species of with Musqueam to identify eulachon effectively a “species at risk” in all but name. special cultural concern. and sturgeon habitat in the vicinity of the Project. Requested Change: The Proponent acknowledges Musqueam Indian MOTI and the EAO consult with Musqueam Band’s interest in further dialogue on this topic and regarding species of special cultural concern, will coordinate arrangements with the EAO prior to revising the dAIR.

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321 Musqueam Section 4.8 Terrestrial Please provide an explanation for why the The Proponent has revised the dAIR, Indian Band (Terrestrial Wildlife Comment: River otter are potentially present in the Project area, Proponent does not intend to use river to address Musqueam comment, to Wildlife) River otters inhabit Deas Island and the Fraser and will be included in the assessment of potential otter as an indicator species for terrestrial include the river otter as an indicator River and should be considered as a Project-related effects on terrestrial wildlife. wildlife. supporting the assessment of subcomponent under this VC. terrestrial wildlife. The Proponent supports that including the river Requested Change: Section 4.8 of the dAIR has been updated to include otter in the assessment in this Musqueam requests the River otter be used as an river otters as a sub-component. manner provides for a robust indicator species. assessment of potential effects on this wildlife value.

The Proponent would welcome specific feedback on why this approach would not be considered appropriate and effective.

322 Musqueam Section 5.2 Marine Use Musqueam is gravely concerned about the Indian Band (Marine Use) Requested Change: Potential Project-related effects on the exercise of Proponent’s sole reliance upon the highly- The assessment of potential effects Musqueam’s right to fish on the South Arm of the Musqueam’s asserted and established Aboriginal deficient information requirements set out on aboriginal rights is supported by Fraser needs to be integrated into this section. Interests will be presented in Part C of the Application, in Part C of the dAIR as a replacement for the assessment of ICs and VCS in Part Musqueam requests that under “potential per EAO requirements. the assessment of effects on Musqueam’s B of the Application. Where there effects” that additional clarity be provided that rights-based and commercial Marine Use are identified effects on an IC or VC, the Application will assess how Project effects on on the Fraser River. Musqueam seeks Part C provides an assessment of fish abundance and distribution, as well as clarity on how the Proponent intends to such effects may affect an aboriginal disruption to marine access/navigation (due to rely upon the EA to assess effects on rights. or treaty right. barge-based bridge construction, pile driving within or adjacent to Deas Slough, demolition of Musqueam requests further consultation Feedback from EAO to the the Deas Slough bridge, and tunnel on this matter, prior to the completion of Proponent has indicated that the decommissioning) will potentially interact with – the dAIR. methodology employed to support and adversely impact - Musqueam’s time-limited the assessment of the Project is opportunities to exercise its fishing rights on the consistent with EAO guidelines. river.

323 Musqueam Section 7.1 Human Health As the Project is not subject to review under CEAA Musqueam is gravely concerned about the Feedback from EAO to the Indian Band (Human Comment: The dAIR is missing First Nation- 2012, an assessment of 5(1) (c) factors, per Section 5 Proponent’s sole reliance upon the highly- Proponent has indicated that the Health) specific health assessment requirements that and 19(1) of that statute, is not required. In deficient information requirements set out methodology employed to support would be standard under the Canadian accordance with EAO methodology, where First in Part C of the dAIR as a replacement for the assessment of the Project is Environmental Assessment Act, 2012 (CEAA Nations have specifically identified health matters of the assessment of effects on Musqueam consistent with EAO guidelines. 2012). The current scope of the proposed concern, these matters will be addressed in Part C health. “Human Health” assessment is inadequate to (Section 10.2) of the Application. address health-related effects from the Project Musqueam seeks clarification from the on Musqueam members. Musqueam requests Information in Part C regarding health matters of EAO and MOTI on the specific language

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324 Musqueam General The Proponent will include a description of the It is highly problematic that no specific The Proponent has provided some Indian Band Key information gaps in the Project Description proposed tunnel decommissioning method in Section description has yet been provided to additional detail in the dAIR on what and the dAIR further undermine any effort to 1 of the Application. Musqueam or the working group about the information describing establish reasonable and defensible temporal and process of tunnel decommissioning. decommissioning will be provided in spatial boundaries for many of the VCs. For As mentioned during the Technical Working Group the Application. example, it is not possible to set a temporal meeting (March 10, 2016), the decommissioning Musqueam maintains that this information boundary for the assessment of most VCs without process is expected to be the reverse of how the must be provided during the review of the Additional detail on this matter, in knowing the duration of the potential effects of Tunnel was originally installed. The Application will dAIR to ensure that the temporal and the dAIR, is beyond the reasonable tunnel decommissioning, nor in many cases is it include a detailed overview of the specific activities spatial scope of assessment for all relevant expectation of what should be possible to identify a reasonably accurate spatial associated with this process to support the VCs are correctly calibrated to the scope of provided in the dAIR. boundary for assessing effects on marine use or assessment of potential effects and identify potential project effects. Without a fish and fish habitat without understanding the appropriate mitigation as appropriate. description this is not possible. specific methods of decommissioning. Full disclosure of all details related to the methods, duration and costs of tunnel decommissioning must be provided to the Working Group prior to the next draft of the

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325 Musqueam Section 4.2 Sediment and The LAA for Sediment and Water Quality will be Musqueam Indian Band provided no ------Indian Band (Sediment and Water Quality Comment: It is noted that one of the key extended downstream to include Ladner Reach and further comment. Water Quality) purposes of assessing sediment and water quality South Arm Marshes. The dAIR will be revised to reflect is to better understand Project effects on “fish this. and fish habitat”, “marine mammals”, “vegetation” and “at-risk amphibians”. However, the LAA for sediment and water quality is too Section 4.2.1 of the dAIR has been revised to reflect small to assess these potential impacts, as it the change in the LAA and RAA as noted. excludes Ladner Reach and South Arm Marshes (or Ladner Marsh). (It is in fact smaller than the LAAs for the other VCs it is supposed to inform) These areas must be included in the LAA as it is possible, if not likely, that sediments re- suspended during tunnel removal would be transported into Ladner Reach and Ladner Marsh.

Requested Change: The LAA must be further extended downstream from the tunnel to encapsulate Ladner Reach and Ladner Marsh. Please consult with Musqueam directly regarding the specifics of these spatial boundaries.

326 Musqueam Section 4.4 Fish and Fish The LAA for Fish and Fish Habitat will be extended to Downstream extension of LAA and RAA is Technical work on river hydraulics Indian Band (Fish and Fish Habitat Comment: It LAA and RAA for Fish and Fish the west end of Kirkland Island, and the RAA will be acknowledged. that will be presented in the Habitat) Habitat are inadequate to capture direct project- extended to the mouth of the Fraser River South Arm Application does not indicate specific and cumulative effects on fish and fish to be consistent with the revised LAA and RAA for Musqueam maintains that LAA must be changes in river depth as a result of habitat. We note that the LAA/RAA for Sediment and Water Quality. The dAIR will be revised extended upstream to the west end of the Project. As such, expanding the amphibians is larger than the LAA/RAA for fish - to reflect this. Tilbury Island as tunnel removal is LAA for fish and fish habitat is not an approach that defies logic given the mobility expected to have effects on river depth in considered necessary. of fish, the SARA-listed status of white sturgeon, The LAA for fisheries has not been changed to include the vicinity of Tilbury Island. and the heightened importance of assessing upstream areas to the west end of Tilbury Island as adverse effects on Musqueam fishing resources. there is no potential for direct Project-related effects Musqueam requests further consultation In addition, we note that the LAA does not on fish or fish habitat. on this matter, prior to the completion of appear account for barging activities during the dAIR. construction or upstream and downstream Section 4.4.1 of the dAIR has been revised to reflect effects of tunnel removal work (i.e., changes to the change in the LAA and RAA as noted

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Requested Change: The LAA must be expanded (1) upstream to the west end of Tilbury Island and (2) downstream to the west end of Kirkland Island, encapsulating the South Arm Marshes. The RAA must be expanded downstream to the mouth of the South Arm. Please consult with Musqueam directly regarding the specifics of these spatial boundaries.

327 Musqueam Section 4.7 Vegetation Recognizing Deas Island as a contiguous land unit that Extension of LAA to include Deas Island and Technical work on river hydraulics Indian Band (Vegetation) Comment: No RAA provided. Lack of RAA is supports a regional park and includes interrelated respective extension of RAA is that will be presented in the unacceptable for assessing CE on at-risk vegetation and habitat values, the LAA for Vegetation acknowledged. Application does not indicate ecosystems and at-risk species, in particular will be expanded to include Deas Island, and the RAA changes in erosion or accretion of wetland shoreline habitats. will be revised accordingly. Musqueam maintains that LAA should river sediments. As such, expanding LAA excludes much of Deas Island, Deas Slough include South Arm Marshes given the the LAA for vegetation is not and South Arm Marshes (or Ladner Marsh). The dAIR will be revised to reflect this. potential of tunnel removal to effect considered necessary. vegetation due to changes on Requested Change: The LAA for vegetation has not been changed to sedimentation. The LAA must be expanded to include all of Deas include South Arm Marshes as there is no potential for Island Regional Park and downstream to the direct Project-related effects on vegetation. As noted Musqueam requests further consultation 326west end of Kirkland Island, encapsulating the in the dAIR, Project-related effects on vegetation are on this matter, prior to the completion of South Arm Marshes. The RAA must be expanded expected to be confined to the LAA and the RAA for the dAIR. downstream to the mouth of the South Arm. vegetation is the same as the LAA. Therefore, no Please consult with Musqueam directly regarding further changes to the RAA have been undertaken. necessary boundaries. Section 4.7.1 of the dAIR has been revised to reflect the change in the LAA and RAA as noted.

328 Musqueam Section 4.8 Terrestrial Recognizing Deas Island as a contiguous land unit that Extension of LAA to include Deas Island and Project related noise and lighting at Indian Band (Terrestrial Wildlife Comment: RAA is much too small for assessing supports a regional park and includes interrelated respective extension of RAA is that distance will not be Wildlife) effects on birds. vegetation and habitat values, the LAA for Terrestrial acknowledged. distinguished from Bridge construction, potentially combined with Wildlife will be expanded to include Deas Island, and background/existing conditions. additional transmission lines, will increase risk of the RAA will be revised accordingly. Musqueam maintains that lighting, noise bird collisions with vehicular traffic, bridge and and other potential effects during transmission line structures. Car/truck noise and The dAIR will be revised to reflect this. construction and operation will interact bridge lighting will also have potential to affects with wildlife (including birds) in the South bird habitat at Deas Island and South Arm The Project is not expected to have any interaction Arm Marshes, and therefore LAA should Marshes. with the South Arm Marshes that could affect wildlife include this area. Requested Change: or wildlife habitat. Furthermore, the South Arm The RAA must be expanded to include all of Deas Marshes support a unique ecosystem that is very Musqueam requests further consultation Island Regional Park and South Arm Marshes different from any that could potentially be influenced on this matter, prior to the completion of by the Project, and therefore does not provide the dAIR.

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Section 4.8.1 of the dAIR has been revised to reflect the change in the LAA and RAA as noted.

329 Musqueam Section 4.9 Air Quality The scope of the RAA for air quality is The RAA is supported by Metro Indian Band (Air Quality) Comment: RAA is too large to properly measure The proposed RAA is consistent with the boundaries incompatible with the scope necessary for Vancouver, the key regulator with cumulative effects of “intensified” industrial of the Lower Fraser Valley airshed. The Lower Fraser addressing Musqueam concerns. respect to regional air quality development on the South Arm of the Fraser Valley airshed is a managed airshed with management management and this scope is River. activities supported by a management plan and consistent with other regional Please consult with Musqueam directly regarding regional emissions inventory developed by Metro assessments. necessary boundaries. Vancouver. The Proponent would welcome The regional understanding of air quality conditions specific feedback on exactly how the provided by the proposed RAA is considered RAA is incompatible. appropriate for assessing potential cumulative effects of the Project on regional air quality.

330 Musqueam Section 5.2 Marine Use This response has ignored Musqueam's The Proponent will work with Indian Band (Marine Use) Comment: The proposed LAA of the Marine Use VC request. Musqueam during Project delivery to Currently, this VC appears to be the only social (approximately 1 km downstream of the Tunnel) is ensure access for Musqueam to VC provided in the dAIR that the Proponent is considered appropriate for capturing direct potential It is not acceptable that the LAA for Marine continue to exercise their aboriginal proposing to use to assess adverse effects on effects on marine/river uses. Use does not address effect of increased right to fish is maintained and that the Project on Musqueam rights-based fishing. barge traffic on the South Arm of the this potential effect is avoided. The Project has the potential for serious Potential Project-related impacts on the exercise of Fraser River, especially given the infringements due to the high likelihood of Musqueam’s asserted and established Aboriginal Proponent's unwillingness to undertake a disruption, particularly during bridge rights will be presented in Part C of the Application, CEA of effects on CULRTP or to consider construction and tunnel removal, of our per EAO requirements. The spatial boundaries for the accidents and malfunctions in relation to Nation’s use of critical fishing sites on the river Part C assessment are largely based on the outer Aboriginal rights-based activities. located at the tidal transition zone on the river boundary of traditional territories or otherwise in the vicinity of Deas Island. Musqueam has defined areas of use. The Part C local assessment area over 60 registered fishing vessels that our (LAA) for Musqueam focuses on (but is not necessarily members use in order to exercise their rights limited to) the overlap of Musqueam territory or within very tight time windows, and frequently otherwise defined areas of use with the LAAs of VCs with very short notice. If we don’t have a place (e.g., Fish and Fish Habitat) that are directly linked to on the river to exercise our rights within these the exercise of Musqeuam’s Aboriginal Interests that time windows, our rights have been seriously may be potentially affected by the Project. infringed. Fishing opportunities on the river are highly significant - culturally, economically, socially - for Musqueam and are protected by the Supreme Court of Canada’s Sparrow decision.

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332 Musqueam Section 10.0 Aboriginal Musqueam does not accept the Indian Band (Aboriginal Consultation Requested Change: The “as available” wording reflects terminology from Proponent’s contention that Musqueam’s Feedback from EAO to the Consultation) The requirement for TK/TLU information must be the EAO’s Application Information Requirements VC scoping document, submitted in Proponent has indicated that the changed from being incidental and opportunistic, Template, dated August 2015. In the March 2016 November 2015, provides the Proponent methodology employed to support i.e., “as available”, to a mandatory requirement version of the dAIR, the Proponent adjusted the dAIR with sufficient information to assess the assessment of the Project is for the Proponent to support the development of template language to read “as available from adverse effects on Musqueam’s rights- consistent with EAO guidelines.

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Musqueam requests further consultation on this matter, prior to the completion of the dAIR. 333 Musqueam Section 10.0 Aboriginal Musqueam requests that the AIR include a This is well beyond the scope of the Indian Band (Aboriginal Consultation The assessment of impacts to rights excludes a The Proponent will include historical context in Part C requirement for a cumulative effects requirements of the BCEAA process Consultation) requirement for cumulative effects to be taken relating to changes in use over time by Aboriginal assessment on Musqueam rights-based into consideration. Groups (i.e., cumulative effects on use to date), where activities on the South Arm of the Fraser this information has been provided to the Proponent River. The Proponent must provide Requested Change: by First Nations or was otherwise available from Musqueam with resources to undertake Revise the dAIR to require consideration of both publicly available sources. There is no EAO studies to ensure that a proper assessment the historical context of past impacts and requirement to assess incremental cumulative effects (to meet standard of infringement reasonably foreseeable future development on the exercise of Aboriginal Interests separately of justification analysis) is conducted. scenarios throughout the Fraser River Estuary on the cumulative effects assessments on VCs that are the opportunity to exercise rights, including title. linked to the exercise of those Aboriginal Interests. Musqueam also objects to suggestion in Proponent's response that they would be undertaking an assessment of impacts to rights "by proxy", i.e., by relying upon "the cumulative effects assessments on VCs that are linked to the exercise of those Aboriginal Interests."

Musqueam requests further consultation on this matter, prior to the completion of the dAIR. 334 Musqueam Section 10.0 Aboriginal Part C of the Application will assess potential Project- Musqueam requests that the EAO and It is the Proponent’s understanding Indian Band (Aboriginal Consultation The assessment of impacts to rights excludes a related impacts on the ability to exercise asserted and Proponent revise the dAIR to provide that the EAO followed up Musqeuam Consultation) requirement for assessing seriousness of established Musqueam rights, based on information clarity and transparency to the approach directly regarding this comment. infringement and the need for a justification available to the Proponent at the time of Application stated here, i.e., that Part C of the AIR does framework on effects to rights. submission. The adequacy of consultation in relation not intend to require the Proponent to Requested Change: to potential Project-related impacts on Aboriginal undertake any Crown analysis of the Please add a requirement for assessing Interests, as well as any analysis regarding potential adequacy of consultation or justification seriousness of infringement of Musqueam infringement of established rights, will be determined for infringement on Musqueam’s proven rights. While in Sparrow consultation was by the EAO subsequent to the submission of the Sparrow rights, rather this responsibility considered when assessing whether the Crown Application. lies exclusively with the EAO. has acted in a manner consistent with its fiduciary relationship to Musqueam as the rights

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335 Musqueam Section 10.0 Aboriginal The dAIR must be revised to this effect to It is the Proponent’s understanding Indian Band (Aboriginal Consultation The assessment of impacts to rights excludes a Measures to avoid, reduce, or otherwise manage ensure clarity and transparency that the EAO followed up with Consultation) requirement for identification of any required potential adverse effects on the exercise of Aboriginal surrounding this requirement. Musqueam directly regarding this follow-up measures. Interests, including follow-up measures that may be comment. proposed by VCs directly linked to the exercise of Requested Change: Aboriginal Interests, will be presented in Part C of the Please add section that requires the Proponent to Application. develop follow-up measures, including monitoring, to confirm, monitor the seriousness of, report to the EAO and affected First Nations, and address via adaptive management, adverse impacts to rights.

336 Musqueam Section 10.0 Aboriginal Musqueam requests that under the Land Potential Project-related effects on Indian Band (Aboriginal Consultation Musqueam Aboriginal title is not acknowledged The Section 11 Order for the Part (Part A, Section 1), Use VC (or through an additional CULRTP Aboriginal Interests, including Consultation) as a right that needs to be assessed. issued on March 7th, 2016, defined Aboriginal VC), the Proponent be required to assess asserted Aboriginal title, are Interests as “asserted or determined aboriginal rights, project-specific and cumulative effects on assessed in Part C, per EAO Requested Change: including title, and treaty rights”. Part C will assess Musqueam Aboriginal title land use. requirements. The findings of the VC Please add section that requires the Proponent to potential adverse impacts of the Project on these chapters in the Application that are assess Project- Aboriginal Interests, in accordance with Section 10.1.3 of relevance to the Part C specific and cumulative effects to Aboriginal title. of the dAIR. assessment are considered in the analysis of potential Project-related effects on Aboriginal Interests, including consideration of any cumulative effects on those VCs. There is no EAO requirement to assess cumulative effects on the exercise of Aboriginal Interests separately of the cumulative effects

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337 Musqueam Section 10.0 Aboriginal This is an inadequate response. Feedback from EAO to the Indian Band (Aboriginal Consultation Comment: Part C of the dAIR is based on the EAO’s Application Proponent has indicated that the Consultation) Part C has provided a very sparse and minimal Information Requirements Template, dated August Musqueam requests further consultation methodology employed to support description of requirements related to assessing 2015. on this matter, prior to the completion of the assessment of the Project is impacts on Aboriginal rights and title. The the dAIR. consistent with EAO guidelines. proposed assessment of Aboriginal rights and related interests have been completely segregated into a 2-page section, Part C - Aboriginal Consultation (“Part C”). The remainder of the dAIR is silent on how the EA will assess impacts on Aboriginal rights, practices and interests. This is not acceptable; Musqueam’s experience with previous EAs and their poor and often ad hoc assessment of effects on Aboriginal rights and title indicates that greater, rather than less, detail on how this type of assessment will be conducted is required. We seek direct consultation with EAO toward identifying the required scope, measureable parameters, assessment methods, and thresholds that will be used in this part of the EA.

338 Musqueam ------General This is an inadequate response. Feedback from EAO to the Indian Band Re: Linkage between assessment of VCs in Part B The linkages between the assessment of potential Proponent has indicated that the and Part C of the dAIR effects on VCs in Part B and the assessment of Musqueam requests further consultation methodology employed to support Comment: Even for VCs with obvious high potential adverse impacts on the exercise of on this matter, prior to the completion of the assessment of the Project is importance to Musqueam, such as Fish, Marine Aboriginal Interests in Part C will be identified in Part the dAIR. consistent with EAO guidelines. Use, Land Use or Visual Quality, Part B of the C. See also, responses to Comment No. 312, 315, 320, dAIR (i.e., the main section) omits virtually all 328, and 332. consideration of the relationship between First Nations activities and potentially impacts ecological values of that fall within scope of assessment. There is no VC included for “current use of lands and resources for traditional purposes” (CULRTP), and the VCs for Marine Use and Land Use are almost entirely oriented towards the general population (i.e., the non- Aboriginal public), when they should include special focus on Musqueam priority rights confirmed under the Constitution and per Sparrow.

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A further limitation is that the assessment of Heritage is wholly focused on physical heritage, i.e., “archaeological resources” and excludes from its scope any consideration of semi-tangible and intangible cultural heritage, e.g., current cultural and ceremonial uses, aboriginal cultural landscapes and our members’ connection to them.

In short, the current version of the dAIR strongly suggests that the Proponent does not intend to use the broader EA process - the assessment of biophysical and social VCs - to describe adverse effects on Musqueam Aboriginal rights (including harvesting and incidental rights), title and related interests

Suggested Change: The dAIR must be revised to ensure that the assessment of effects on the human and biophysical environment is linked to a priority consideration of how these effects will impact Musqueam rights, uses and interests. Musqueam is the priority rights holder within the project area and any assessment that intended to inform consultation, justification and accommodation of infringements on Musqueam rights should therefore include linkage between the rights-impacts assessment and the assessment of biophysical and social components of the environment that are relevant to Musqueam.

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